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3. 


9  ■■  1915 


THE  CHARTER 

OF  THE 

CITY  OF  PORTLAND,  OREGON 


IN  EFFECT  JULY  1,  1913 

AS  REVISED  BY  THE  COUNCIL 
AUGUST  19,  1914 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/charterofcityofpOOportrich 


THE  CHARTER 


OF  THE 


CITY  OF  PORTLAND,  OREGON 


IN  EFFECT  JULY  1,  1913 

AS  REVISED  BY  THE  COUNCIL 
AUGUST  19,  1914 


FROM  PRESS  OF 

J.  R.  ROGERS,  PORTLAND, ORE. 
1914 


TABLE  OF  CONTENTS 


CHAPTER  I.  CORPORATE  EXISTENCE  AND  POWERS 5 

CHAPTER  II.        BOUNDARIES  AND  ANNEXATION  OF  TERRITORY ....       8 
CHAPTER  III.       GOVERNMENT 12 

Article  1 — The  Council 12 

Article  2 — Meetings  and  Ordinances.. 23 

Article  3 — Eixecutive  and  Administrative  Powers.  ...  25 

Article  4 — The  Mayor 27 

Article  5 — The  Auditor 28 

Article  6 — Officers  and  Employes 32 

CHAPTER  IV.  CIVIL  SERVICE 37 

CHAPTER  V.  ELECTIONS , 47 

CHAPTER  VI.  OFFICIAL  ADVERTISING  AND  CONTRACTS 55 

CHAPTER  VII.  PUBLIC  UTILITIES  AND  FRANCHISES 57 

Article! — Public  Utilities — ^General  Provisions 57 

Article  2 — Public  Docks 61 

Article  3 — Public  Incinerating  Plant 67 

Article  4 — Franchises 68 

CHAPTER  VIII.       FINANCE    77 

CHAPTER  IX.  FIREMEN^S  RELIEF  AND  PENSION   FUND 81 

CHAPTER  X.  BOND  ISSUES 89 

Article    1 — <3;^^eiral  PrQvisioE.& 89 

Article    2— Refunding  Bonds 90 

Article    S^— Pjirk  and  Boulevard  Bonds 91 

Article    4 — Hawthorne  Avenue  Bridge  Bonds 92 

Article    5 — Broadway  Bridge  Bonds   96 

Article    6 — Fire  Boat  and  Fire  Main  Bonds 98 

Article    7 — Crematory  Bonds 99 

Article    8 — Public  Auditorium  Bonds 100 

Article    9 — Municipal  Jail  Bonds 104 

Article  10 — ^Municipal  Garbage  Collection  Bonds 105 

CHAPTER  XI.         STREETS  AND  THEIR  IMPROVEMENT.  .,.  ., 107 

CHAPTER  XII.       MISCELLANEOUS 118 


THE  CHARTER 

OF  THE 

CITY  OF  PORTLAND,  OREGON 


In  effect  July  1^  1913,  as  revised  by  the  Council  August  19,  1914. 


AN  ACT 

To  amend  an  Act  of  the  Legislative  Assembly  of  the  State  of  Oregon 
entitled,  "An  Act  to  incorporate  the  City  of  Portland,  Multno- 
mah County,  State  of  Oregon,  and  to  provide  a  charter  therefor, 
and  to  repeal  all  acts  or  parts  of  acts  in  conflict  therewith,^' 
filed  in  the  office  of  the  Secretary  of  State,  January  23,  1903, 
amended  by  the  Legislative  Assembly  of  the  State  of  Oregon 
in  1905  and  subsequently  amended  by  the  people  of  the  City  of 
Portland,  providing  for  a  commission  form  of  government. 

Be  It  Enacted  by  the  People  of  the  City  of  Portland^  and 
THE  City  of  Portland  Does  Ordain  as  Follows  : 
That  an  Act  of  the  Legislative  Assembly  of  the  State  of  Oregon 
entitled,  "An  Act  to  incorporate  the  City  of  Portland,  Multnomah 
County,  State  of  Oregon,  and  to  provide  a  charter  therefor,  and  to 
repeal  all  acts  or  parts  of  acts  in  conflict  therewith,"  filed  in  the 
office  of  the  Secretary  of  State  January  23,  1903,  amended  by  the 
Legislative  Assembly  of  the  State  of  Oregon  in  1905,  and  subse- 
quently amended  by  the  people  of  the  City  of  Portland,  be  and  the 
same  is  hereby  amended  as  hereinafter  set  forth,  providing  for  a 
commission  form  of  government. 

CHAPTER  I. 

CORPORATE  EXISTENCE  AND  POWERS. 

Section  1 — ^Definitions: 

The  act  above  named,  with  all  amendments  thereto  prior  to 
this  date,  are  hereinafter  referred  to  as  "the  Charter  of  1903,'^ 
and  said  acts  as  amended  by  this  measure  are  hereinafter  referred 
to  as  "the  Charter''  or  "this  Charter." 

[Ch.  1903,   §1;  Am.  May  3,  1913,  part  of  §1.] 

Sec.  2 — Continuation  of  Corporate  Powers  and  Grant  of 
Powers  : 
The  municipal  corporation  now  existing  and  known  as  The 
City  of  Portland  shall  remain  and  continue  a  body  politic  and 
corporate  by  the  name  of  The  City  of  Portland  and  by  that  name 
shall  have  perpetual  succession  and  may  sue  and  be  sued,  plead 


298624 


PORTLAND   CITY  CHARTER 


and  be  impleaded  in  all  courts  of  justice  and  in  all  actions,  suits 
or  proceedings  whatever;  may  have  and  use  a  common  seal,  and 
may  alter  the  same  at  pleasure;  may  purchase,  or  acquire  by  the 
exercise  of  the  right  of  eminent  domain,  receive  and  hold  property, 
both  real  and  personal,  within  or  without  said  city  for  municipal 
purposes,  and  shall  have  the  right  of  possession  and  control  of  all 
public  parks  and  levees,  buildings  and  property  and  of  all  tracts 
of  land  belonging  to  said  city  and  other  property  which  has  been 
or  may  be  hereafter  dedicated  or  in  any  manner  whatsoever  ob- 
tained for  public  purposes  of  said  city,  and  may  lease,  sell  or  dis- 
pose of  the  same  for  the  benefit  of  the  city;  may  receive  bequests, 
gifts  and  donations  of  all  kinds  of  property  in  fee  simple,  in  trust 
or  otherwise,  for  charitable  or  other  purposes,  and  may  do  all  acts 
necessary  to  carry  out  the  purposes  of  said  gifts,  bequests  and 
donations,  with  power  to  manage,  sell,  lease  or  otherwise  dispose 
of  the  same  in  accordance  with  the  terms  of  the  gift,  bequest  or 
trust,  or  absolutely,  in  case  such  gift,  bequest  or  trust  be  uncondi- 
tional. 

[Ch.  1903,  §2.] 

Sec.  3 — Grant  of  General  Povs^ers  : 

The  City  of  Portland  shall  be  invested  within  its  limits  with 
authority  to  perform  all  public  and  private  services,  including 
those  of  an  educational  or  recreative  character  as  well  as  others, 
and  with  all  governmental  powers  except  such  as  are  expressly  con- 
ferred by  law  upon  other  public  corporations  within  such  limits 
and  subject  to  the  limitations  prescribed  by  the  constitution  and 
laws  of  the  State,  and  to  acquire  by  purchase  or  otherwise  property 
without  its  limits. 

[Ch.   1903,   §3;   Am.  May  3,   1913,   §2.] 

Sec.  4 — Continuation  of  Phoperty  Rights  : 

The  City  of  Portland  shall  continue,  under  this  Charter  to 
have,  hold  and  enjoy  all  property,  rights  of  property  and  rights  of 
action  of  every  nature  and  description  of  the  municipality  now 
existing  and  known  as  The  City  of  Portland,  and  is  hereby  declared 
to  be  the  successor  of  the  same. 

[Ch.  1903,  §4.] 

Sec.  5 — Legal  Proceedings  : 

Suits,  actions  and  proceedings  may  be  brought  in  the  name  of 
The  City  of  Portland  for  the  recovery  of  any  property,  money  or 
thing  belonging  thereto,  in  law  or  in  equity,  or  dedicated  to  public 
use  therein,  or  for  the  enforcement  of  any  rights  of  or  contracts 
with  said  city,  whether  made  or  arising  or  accruing  before  or  after 
the  adoption  of  this  Charter.  All  existing  suits,  actions  and  pro- 
ceedings in  the  courts  or  elsewhere,  to  which  said  city  is  a  party, 
shall  continue  to  be  carried  on  by  or  against  the  said  city. 

[Ch.  1903,  §5.] 


CORPOEATE  EXISTENCE  AND  POWERS      7 

Sec.  6 — Conthstuation  of  Contract  Liability: 

All  contracts  of  every  description  heretofore  duly  and  legally 
made  and  entered  into  by  the  said  City  of  Portland  shall  remain 
valid  and  be  binding  upon  this  municipality  to  the  extent  only 
that  they  are  now  valid  and  binding  upon  said  City  of  Portland. 

[Ch.  1903,  §7.] 

Sec.  7 — Public  Places  Inalienable: 

The  title^,  rights  and  interest  of  the  City  of  Portland  in  and 
to  all  water  front,  wharf  property,  land  under  water  and  made 
land  built  upon  same,  or  any  lands  on  the  water  side  of  the  high 
water  or  meander  lines  of  navigable  waters  as  established  by  the 
original  U.  S.  surveys  and  conformed  to  by  the  original  plats  of 
the  City  of  Portland,  and  all  landings,  wharves,  docks,  highways, 
bridges,  avenues,  streets,  alleys,  lanes,  parks  and  all  other  public 
places,  and  like  property  that  it  may  now  own  or  hereafter  may 
acquire  are  hereby  declared  to  be  inalienable.  The  rights  of  the 
City  therein  shall  not  be  divested  or  vacated  for  a  distance  of  two 
thousand  feet  from  any  meander  line  of  any  navigable  water,  or 
one  thousand  feet  from  any  railroad  depot  or  terminal  yard;  pro- 
vided, that  at  a  greater  distance  than  specified  above  from  any 
such  meander  lines  and  railroad  terminal  streets  may  be  vacated 
on  proceedings  prescribed  elsewhere  in  this  Charter,  except  that 
the  ordinance  of  vacation  shall  require  for  its  passage  a  vote  of  at 
least  four-fifths  of  all  the  members  of  the  Council  and  the  approval 
of  the  Mayor.  But  whenever  the  City  shall  own  all  the  property 
abutting  upon  both  sides  of  any  part  of  a  street,  and  such  part  of  the 
street  shall  be  necessary  for  the  use  of  such  property  of  the  city 
for  a  public  purpose  the  street  may  be  vacated  in  the  manner  else- 
where provided  in  the  Charter  or  the  laws  of  the  State  of  Oregon 
in  force  at  the  time  for  the  vacation  of  streets;  provided,  however, 
that  the  right  herein  granted  shall  only  be  exercised  when  such 
vacation  shall  not  interfere  with  any  improvement  proposed  by  the 
Dock  Commission  or  with  access  to  the  water  front  or  any  trans- 
portation terminal.  But  replatting  of  streets  in  such  manner  that 
new  ground  is  dedicated  or  required  without  additional  cost  to  the 
City  of  equal  area  with  that  vacated,  and  affording  equal  way  and 
access  to  the  same  terminus,  shall  not  be  deemed  within  the  pro* 
hibition  of  this  act. 

[Oh.  1903,  §93;  Am.  June  5,  1911,  §93;  Am.  Nov.  2,  1912,  §93;  Am.  May  3, 
1913,  §66.] 

Sec.  8 — Sales  of  Buildings — Leases  : 

The  City  may  sell  any  buildings  owned  by  it  which  may  not 
be  needed  for  public  use.  Such  sale  shall  be  made  by  the  Council 
in  its  discretion  when  thereto  authorized  by  ordinance  passed  by  a 
vote  of  at  least  four-fifths  of  all  the  members  of  the  Council  and 
approved  by  the  Mayor,  the  sales  to  be  made  only  at  public  auction. 


POETLAND   CITY  CHARTER 


The  Council  may  rent  any  of  the  City's  property  not  needed  for 
public  purposes^  for  a  term  not  exceeding  five  years. 

A  street  shall  be  held  to  fulfill  its  function  as  a  street  by  being 
used  in  any  way  for  the  purpose  of  travel,  transportation  or  dis- 
tribution by  or  for  the  public;  and  where  a  street  abuts  against  a 
water  way  or  connects  with  a  railroad  terminal  it  may  be  occupied 
by  any  structure  or  machinery  facilitating  or  necessary  to  travel, 
transportation,  or  distribution,  and  which  does  not  interfere  with 
full  access  of  the  public  to  the  uses  provided ;  and  this  clause  shall 
include  and  apply  to  all  structures  necessary  in  the  improvement  of 
the  public  docks. 

[Ch.  1903.  §93;  Am.  June  5,  1911,  §93;  Am.  Nov.  8,  1910,  §93;  Am. 
May  3,  1913,  §66.] 


CHAPTER  II. 

BOUNDARIES  AND  ANNEXATION  OF  TERRITORY. 

Sec.  9 — City  Boundaries  : 

The  boundaries  of  the  City  of  Portland  shall  be  as  follows: 
Commencing  at  the  southeast  corner  of  the  'City  of  Sellwood  as  it 
existed  in  the  year  1890,  and  running  thence  north  along  the  east 
line  of  said  City  of  Sellwood  to  the  south  line  of  section  23,  town- 
ship 1  south,"  range  1  east,  Mllamette  Mieridian;  thence 
east  along  the  south  line  of  sections  23  and  24,  in  said  township 
and  range,  and  along  the  south  line  of  section  19,  in  township  1 
south,  range  2  east,  to  a  point  30  feet  east  of  the  east  line  of  the 
Jacob  Wills  Donation  Land  Claim,  if  produced  south ;  thence  north 
30  feet  east  of  and  parallel  to  the  east  line  of  said  Jacob  Wills 
Donation  Land  Claim,  and  a  southerly  extension  thereof,  to  the 
south  line  of  section  18,  township  1  south,  range  2  east;  thence 
east  to  the  northeast  corner  of  section  20,  township  1  south,  range 
2  east;  thence  south  one-half  mile  to  the  quarter  section  corner 
between  sections  20  and  21,  township  1  south,  range  2  east, 
Willamette  Meridian;  thence  east  along  the  center  line  of  section 
21  to  the  quarter  sectjon  corner  between  sections  21  and  22,  town- 
ship 1  south,  range  2  east,  Willamette  Meridian;  thence  north 
along  the  section  line  between  sections  9  and  10,  15  and  16,  21 
and  22,  township  1  south,  range  2  east,  Willamette  Meridian,  to 
a  point  633  feet  north  of  the  north  line  of  section  16,  township 
1  south,  range  2  east,  Willamette  Meridian;  thence  west  parallel 
to  said  north  line  of  section  16  to  the  section  line  between  sections 
8  and  9,  township  1  south,  range  2  east,  Willamette  Meridian; 
thence  north  along  the  east  line  of  sections  8  and  5,  township  and 
range  aforesaid,  to  the  south  line  of  the  B.  F.  Starr  Donation  Land 
Claim;  thence  east  along  said  south  line  of  said  Starr  Donation 
Land  Claim  to  the  center  line  of  section  4,  in  township  V  south, 
range    2    east,    Willamette    Meridian;    thence    north    along    the 


BOUNDARIES  AND  ANNEXATION  OF  TERRITORY  9 

center  line  of  said  section  4c,  in  township  1  south,  range  2  east, 
and  sections  33  and  28,  in  township  1  north,  range  2  east, 
Willamette  Meridian,  to  the  northeast  corner  of  the  north- 
west quarter  of  said  section  28;  thence  west  along  the  north  line 
of  said  section  28  to  the  northwest  corner  of  section  28;  thence 
north  to  the  one-quarter  corner  between  sections  20  and  21,  town- 
ship 1  north,  range-  2  east,  Willamette  Meridian;  thence  west 
one  mile  to  the  quarter-section  corner  between  sections  19  and  20, 
of  township  1  north,  range  2  east,  Wiillamette  Meridian;  thence 
south  one-half  mile  to  the  southwest  corner  of  section  20,  town- 
ship and  range  aforesaid;  thence  west  one  mile  along  the  south 
line  of  section  19  to  the  southwest  corner  of  said  section  19,  town- 
ship 1  north,  range  2  east,  Willamette  Meridian;  thence  north 
along  the  east  line  of  sections  24  and  13  in  township  1  north, 
range  1  east,  Willamette  Meridian,  to  a  point  150  feet  north 
of  the  north  line  of  the  county  road  known  as  the  Columbia 
Slough  Road;  thence  westerly  parallel  to  and  150  feet  northerly 
from  said  north  line  of  said  county  road  to  a  point  which  is  inter- 
sected by  a  northeasterly  extension  in  a  straight  course  of  the  west- 
erly side  line  of  Ida  Street,  as  located  on  the  map  of  Northern  Hill 
Acres,  said  westerly  side  line  of  Ida  Street  being  the  easterly  side 
line  of  a  tract  of  land  known  as  the  Brazee  Tract;  thence  south- 
westerly along  said  extension  and  said  side  line  to  its  intersection 
with  the  southerly  side  line  of  Willamette  Boulevard ;  thence  south- 
easterly along  the  last  named  line  to  the  west  line  of  McKenna 
Avenue;  thence  southwesterly  along  the  west  line  of  McKenna 
Avenue  south  of  Willamette  Boulevard,  as  laid  out  in  Portsmouth, 
and  an  extension  thereof,  to  the  center  of  the  main  channel  of  the 
Willamette  River ;  thence  southerly  following  the  center  of  the  main 
channel  of  said  river  and  the  center  of  the  channel  thereof  west  of 
Swan  Island,  to  the  west  line  of  section  20,  township  1  north, 
range  1  east ;  thence  south  along  the  east  line  of  sections  19,  30  and 
31,  to  the  southeast  corner  of  said  section  31,  township  1  north, 
range  1  east;  thence  east  one-half  mile  to  quarter  section  cor- 
ner on  north  line  of  section  5,  township  1  south,  range  1  east, 
Willamette  meridian ;  thence  south  two  miles  to  the  quarter  section 
corner  between  sections  8  and  17,  township  1  south,  range  1  east, 
Willamette  Meridian;  thence  east  1  mile  to  quarter  section  corner 
between  sections  9  and  16,  township  and  range  aforesaid;  thence 
south  two  miles  to  quarter  section  corner  in  south  line  of  section  21, 
township  1  south,  range  1  east,  Willamette  Meridian;  thence  east 
to  the  center  of  the  main  channel  of  the  Willamette  River;  thence 
southerly  following  the  center  of  the  main  channel  of  said  river  to 
a  point  in  a  westerly  prolongation  of  the  south  line  of  said  city  of 
Sellwood;  thence  easterly  along  the  south  line  of  said  City  of 
Sellwood  and  the  prolongation  thereof  to  the  place  of  beginning. 

[Am.  June  5,   1905;    June   3,   1907;   Nov.   3,   1908;   Nov.   8,   1910;   Nov.   5, 
1912.] 


10  POETLAND  CITY  CHARTEE 

■Ssc.  10 — Power   to   Annex   Territory: 

The  City  of  Portland  may  annex  additional  territory  contig- 
uous to  and  adjoining  the  limits  of  said  city  in  the  following  man- 
ner, and  such  territory  and  the  inhabitants  thereof  when  so  an- 
nexed shall  become  a  part  of  said  city  and  subject  to  the  jurisdiction 
thereof. 

[Ch.   1903,   §13.] 

Sec.  11 — Petition  for  Annexation  : 

Whenever  a  petition  shall  be  filed  in  the  office  of  the  Auditor 
of  said  city  describing  any  such  territory  and  defining  the  bound- 
aries thereof,  signed  by  the  qualified  voters  of  such  territory  in 
number  equal  to  fifteen  (15)  per  cent,  of  the  qualified  voters  of 
such  territory  voting  at  the  last  preceding  general  election,  expres- 
sing the  desire  of  said  petitioners  for  the  annexation  of  such  terri- 
tory, the  council  of  said  city  shall  consider  and  determine  whether 
the  annexation  of  such  territory,  or  any  part  thereof,  shall  be  sub- 
mitted to  the  qualified  voters  thereof. 

[Ch.    1903,    §14.] 

Sec.  12 — Annexation  Election  : 

The  Council  may  by  a  four-fifths  vote  thereof  pass  an  ordi- 
nance providing  for  the  submission  of  the  question  of  the  annexa- 
tion of  such  territory,  or  any  part  thereof,  either  alone  or  together 
with  any  other  territory  designated  in  said  ordinance,  to  the  qual- 
ified voters  residing  in  the  territory  so  designated  at  the  next  gen- 
eral election  held  therein;  provided,  such  ordinance  shall  be  passed 
at  least  thirty  days  before  said  general  election.  Whenever  the 
territory  so  to  be  annexed  shall  include  a  part  but  not  the  whole 
of  any  voting  precinct,  the  County  Clerk  of  Multnomah  County 
shall  furnish  a  sufficient  number  of  ballots  to  supply  the  voters  of 
such  precinct  who  reside  within  the  territory  so  to  be  annexed, 
upon  which  shall  be  printed  the  question  of  the  annexation  of  such 
territory,  and  shall  supply  for  the  voters  of  such  precinct  who  do 
not  reside  within  said  territory  ballots  upon  which  such  questions 
shall  not  appear. 

It  shall  be  the  duty  of  the  Auditor  to  furnish  previous  to  the 
time  of  the  election  to  the  judges  of  election  of  each  of  such  pre- 
cincts a  plat  and  description  of  the  territory  so  to  be  annexed  show- 
ing the  part  thereof  within  the  limits  of  such  precinct.  Said  judges 
shall  ascertain  the  residence  of  each  voter  applying  for  a  ballot  at 
such  election  and  shall  furnish  the  ballot  having  printed  thereon 
the  question  of  the  annexation  of  such  territory  to  voters  residing 
within  such  territory  and  to  none  others. 

[Ch.  1903,  §15;  Am.  May  3,  1913,  §4.] 

Sec.  13 — .Effect  on  Property  Eights;  on  LiIabilities : 

In  case  of  a  majority  of  the  qualified  voters  residing  in  such 
territory  and  voting  on  said  question  vote  in  favor  of  such  annexa- 


BOUNDARIES  AND  ANNEXATION  OF  TERRITORY     11 

tion,  such  territory  shall  on  the  first  day  of  July  next  following 
said  election  be  and  become  a  part  of  the  City  of  Portland.  All 
rights  and  property,  both  real  and  personal,  then  vested  in  or 
belonging  to  any  therein  existing  local  municipal  corporation  or 
corporations,  excepting  school  districts,  or  in  or  to  the  public  of 
said  territory,  including  all  parks,  public  grounds,  buildings  and 
improvements,  and  all  rights  or  property  in  public  streets  or  high- 
ways (including  within  the  meaning  of  the  word  streets  any  way 
mentioned  in  any  definition  or  explanation  of  said  word  contained 
in  this  Charter)  and  also  including  all  other  rights  and  property 
vested  in  or  belonging  to  said  corporation  or  in  or  to  the  public 
of  said  territory,  of  every  nature  whatever  whether  of  the  same 
or  similar  general  nature  as  those  above,  expressly  mentioned  or 
differing  therefrom  in  kind,  nature,  degree  or  otherwise,  shall  there- 
upon become  and  be  rights  and  property  of  the  City  of  Portland,  but 
all  county  roads  lying  within  the  limits  of  such  annexed  territory 
which  have  not  been  laid  out  or  accepted  as  streets,  such  as  above 
referred  to,  by  such  local  municipal  corporation  or  corporations  shall 
remain  and  be  county  roads  until  they  are  laid  out  or  accepted  as 
such  streets  by  said  city,  and  be  under  the  jurisdiction  of  the  County 
Court  of  Multnomah  County,  Oregon,  and  shall  be  worked,  main- 
tained, and  improved  as  county  roads  outside  the  limits  of  said  city 
are  worked,  maintained  and  improved.  And  all  debts,  liabilities 
and  obligations  of  such  local  municipal  corporation  or  corporations 
shall  thereupon  become  and  be  liabilities  of  the  City  of  Portland, 
and  the  City  of  Portland  shall  thereupon  assume,  become  liable  for, 
pay,  satisfy  or  discharge  all  the  debts,  liabilities  and  obligations 
of  such  local  municipal  corporation  or  corporations,  and  the  inhabi- 
tants of  such  annexed  territory  shall  become  subject  in  all  respects 
to  the  jurisdiction  of  the  authorities  of  said  city,  and  the  jurisdic- 
tion of  any  public  authority  exercised  theretofore  in  such  annexed 
territory  shall,  so  far  as  it  is  in  conflict  with  the  corporate  authority 
of  said  city  thereupon  cease  and  determine. 

[Ch.  1903,  §16.] 

Sec.  14 — Amendment  of  Boundaries: 

The  Council  shall  thereupon,  by  resolution  so  alter  and  amend 
section  9  of  this  Charter,  and  the  boundaries  of  said  city  as  therein 
prescribed  and  set  out  as  to  include  such  annexed  territory  within 
the  boundaries  of  said  city  and  said  section  9  as  so  amended  shall  be 
a  part  of  this  Charter  and  be  in  full  force  and  effect. 

[Ch.   1903,  §17.] 

Sec.  15 — Liability  of  Annexed  Territory  for  Improvements  : 
Such  annexed  territory  or  any  portion  thereof  shall  be  liable 
to  such  part  as  the  Council  may  apportion  upon  it,  of  the  costs 
of  any  public  improvement  made  by  the  Council  which  shall  benefit 
the  same. 

[Am.  May  3,  1913,  §5.] 


13  PORTLAND  CITY  CHARTER 

CHAPTER  III.     GOVERNMENT. 

Article  1 — The  Council. 

Sec.  16 — Council  HiAs  Power  of  Former  Boards 
AND  Commissions  : 
All  powers  conferred  and  duties  devolved  by  the  sections  of 
the  Charter  of  1903,  not  repealed  by  this  Charter,  upon  the  Execu- 
tive Board,  the  Water  Board  and  other  Boards  and  Commissions 
abolished  by  this  Charter  shall,  from  and  after  the  adoption  of  this 
Charter  be  exercised  and  performed  by  the  Council. 

[Am.  May  3,  1913,  part  of  §1.] 

Sec.  17 — Abolition  of  Certain  Boards  and  Commissions  : 

No  Boards  now  existing  under  the  Charter  of  1903,  as  amended, 
except  The  Department  of  Public  Docks  and  the  Civil  Service  Com- 
mission which  shall  be  called  the  Civil  Service  Board  and  neither  of 
which  Commissions  shall  be  abolished,  shall  continue  to  exist  more 
than  six  months  after  this  Charter  takes  effect,  and  until  such  time 
such  other  boards  and  commissions  shall  be  subject  to  full  regula- 
tion or  abolition  by  the  Council ;  provided,  that  the  Executive  Board 
shall  cease  to  exist  on  July  1,  1913. 

The  Council  may,  in  the  exercise  of  its  general  legislative 
powers,  create  and  establish  such  boards  and  commissions  as  it  may 
deem  necessary  and  may  abolish  the  same  or  alter  their  personnel 
from  time  to  time. 

[Am.  May  3,  1913,  part  of  §93;  Am.  June  2,  1913,  part  of  §93.] 

Sec.  18 — Grant  of  General  Powers  : 

The  Council  shall  have  and  exercise  all  powers  and  authority 
conferred  upon  the  City  of  Portland  by  this  Charter  or  by  general 
law,  except  where  such  power  is  herein  expressly  bestowed  upon 
some  other  officer  to  the  exclusion  of  the  Council. 

[Am.  May  3,  1913,  part  of  §56.] 

Sec.  19 — Initiative — Referendum  and  Recall: 

The  initiative,  referendum  and  recall  shall  be  exercised  within 
the  City  of  Portland  in  the  manner  provided  by  the  constitution 
and  general  laws  of  the  state,  and  ordinances  of  the  City  of  Port- 
land, enacted  in  pursuance  thereof. 

[Am.  May  3,  1913,  part  of  §56.] 

Sec.  20 — Municipal  Powers  Vested  in  Council: 

The  power  and  authority  given  to  the  Municipal  Corporation 
of  the  City  of  Portland  is  hereby  vested  in  a  Council  consisting  of  a 
Mayor  and  four  Commissioners,  subject  to  the  initiative  and  refer- 
endum and  other  powers  reserved  to  the  people  by  the  Constitu- 
tion of  the  State  of  Oregon,  as  defined  and  prescribed  by  the  pro- 
visions of  the  Constitution  and  general  laws  relating  thereto,  and 
by  the  provisions  of  this  Charter  and  ordinances  enacted  in  pur- 
suance thereof. 

[Am.  May  3,  1913,  §6.] 


GOVEEJ\^MENT  13 


y 


Sec.  21 — Elective  Officers  : 

There  shall  be  no  elective  officers  of  the  City  of  Portland  other 
than  the  Mayor^  four  Commissioners  and  the  Auditor.  All  said 
officers  shall  be  elected  at  large  by  the  legal  voters  of  the  City  of 
Portland  and  for  a  term  of  four  years,  except  as  provided  in  Sec- 
tions 30  and  133  of  this  Charter. 

[Am.  May  3,  1913,  §§  7-8.] 

Sec.  22 — Qualifications  : 

The  Mayor  and  every  Commissioner  shall  be  a  citizen  of  the 
United  States  and  of  the  State  of  Oregon,  and  shall  have  been  a 
resident  of  the  City  of  Portland  for  a  period  of  not  less  than  three 
years  immediately  preceding  the  beginning  of  his  term.  If  any 
Mayor  or  Commissioner  shall  be  chosen  without  such  qualifications 
or  shall  cease  to  have  the  same,  the  office  shall  immediately  become 
vacant. 

[Am.  May  3,  1913,  §9.] 

Sec.  23 — Bond: 

The  Mayor  and  every  Commissioner  before  entering  upon  the 
duties  of  his  office  shall  execute  to  the  City  of  Portland  a  penal 
bond  in  the  sum  of  $25,000.00  payable  to  the  City  of  Portland  and 
conditioned  generally  fOr  the  faithful  performance  and  discharge 
of  his  duties  and  office,  and  the  full  amount  of  such  bond  shall  be 
recoverable  by,  and  shall  be  forfeited  to  the  City  of  Portland  as 
fixed  and  liquidated  damages  accruing  to  the  City  of  Portland  upon 
proof  of  unfaithfulness,  corruption,  malfeasance  or  delinquency  in 
office  of  any  Mayor  or  Commissioner  with  respect  to  any  official 
duty. 

An  action  to  establish  such  unfaithfulness,  corruption,  mal- 
feasance or  delinquency  may  be  brought  in  the  name  of  the  City  of 
Portland  in  any  court  of  competent  jurisdiction.  Such  bond  shall 
be  executed  as  surety  by  some  responsible  surety  company  author- 
ized to  do  a  surety  business  in  the  State  of  Oregon,  and  approved  by 
the  Council.  The  Council  may  require,  by  a  resolution  adopted  by 
majority  vote,  other  or  additional  surety,  whenever,  in  its  judg- 
ment, the  surety  on  any  such  bond  is  not  satisfactory  or  respon- 
sible. Such  bond  when  so  executed  and  approved  by  the  Council 
shall  be  filed  with  the  Auditor.  The  premiums  on  such  bonds  shall 
be  paid  by  the  City. 

[Am.  May  3,  1913,  §10.] 

Sec.  24 — Prohibited  Interests  : 

No  person  appointed  or  elected  to  the  office  of  Mayor  or  Com- 
missioner shall  be  directly  or  indirectly  pecuniarily  interested  in 
any  public  service  corporation  engaged  in  business  within  the  City 
of  Portland  or  in  or  with  any  person  or  corporation  having  con- 
tracts with  the  City  of  Portland.  Any  person  so  interested  shall  be 
disqualified  to  hold  the  office  of  Mayor  or  Commissioner.  If  any 
such  officer  shall  voluntarily  become  so  interested  while  in  office,  his 


14  PORTLAISTD  CITY  CHAEiTEE 

office  shall  at  once  become  vacant.  If  he  shall  become  so  "nterested 
otherwise  than  voluntarily  he  shall  within  ninety  days  divest  him- 
self of  such  interest,  and  failing  to  do  so  his  office  shall  become 
vacant  upon  the  expiration  of  the  said  period  of  ninety  days. 

[Am.    May  3,   1913,   §§11-12.] 

Sec.  25 — Interest  in  City  Contract  Prohibited  : 

Any  contract  with  the  City  of  Portland,  in  which  any  Mayor 
or  Commissioner  is  directly  or  indirectly  pecuniarily  interested, 
shall  be  wholly  void  and  incapable  of  ratification,  and  no  recovery 
shall  be  had  thereon  directly  or  indirectly,  or  upon  quantum  meruit, 
without  respect  to  whether  labor,  services  or  material  or  other  thing 
of  value  have  been  received  and  retained  by  the  City  of  Portland 
by  virtue  of  any  such  contract. 

[Am.  May  3,  1913,  §13.] 

Sec.  26 — Devote  Entire  Time  to  City  Business  : 

No  Mayor  or  Commissioner  shall,  during  his  term  of  service, 
hold  any  other  office,  or  position  of  profit,  or  pursue  any  other 
business  or  vocation,  or  serve  on  or  under  any  committee  of  any 
political  party.  He  shall  devote  his  entire  time  to  the  duties  of  his 
office. 

[Am.  May  3,  1913,  §14.] 

Sec.  27 — Oath  of  Officers  : 

Every  Mayor  and  Commissioner  before  entering  upon  the  per- 
formance of  his  duties  shall  take  an  oath  or  affirmation  that  he  will 
support  the  Constitution  of  the  United  States  and  of  the  State  of 
Oregon,  and  will  faithfully  and  honestly  discharge  his  duties;  that 
he  is  not  directly  or  indirectly  pecuniarily  interested  in  any  public 
service  corporation  engaged  in  business  in  the  City  of  Portland  or  in 
or  with  any  person  or  corporation  having  contracts  with  the  City 
of  Portland ;  that  he  holds  no  other  office  or  position  of  profit,  and 
that  he  is  not  a  member  of  any  committee  of  any  political  party. 
If  such  oath  or  affirmation  be  false  in  any  particular  it  shall  be 
deemed  a  delinquency  in  office  on  the  part  of  such  Commissioner. 

[Am.  May  3,  1913,  §15.] 

Sec.  28 — Salaries: 
\  The  Mayor  shall  receive  an  annual  salary  of  $6000.00,  and 

each  Commissioner  shall  receive  an  annual  salary  of  $5000.00, 
which  salaries  shall  be  audited  and  paid  monthly. 

[Am.  May  3,  1913,  §16.] 

Sec.  29 — Vacancy  in  Office  : 

A  vacancy  shall  exist  when  the  Mayor  or  a  Commissioner  fails 
to  qualify  by  taking  the  oath  and  filing  the  bond  on  or  before  July 
1  following  his  election  or  within  ten  days  after  notice  of  appoint- 
ment to  fill  a  vacancy,  dies,  resigns,  is  removed  from  office,  is  con- 
victed of  a  felony,  is  Judicially  declared  a  lunatic,  or  is  judicially 
convicted  of  corruption,  malfeasance  or  delinquency  in  office.  A 
vacancy  shall  also  occur  when  the  Mayor  or  a  Commissioner  absents 


GOVERNMENT  15 


himself  from  his  duties  or  from  the  City  of  Portland  without  the 
consent  of  the  Council  expressed  by  ordinance  for  more  than  thirty 
days  in  any  one  year.  The  pay  of  the  Mayor  or  any  Commissioner 
shall  cease  after  thirty  (30)  days^  absence  from  the  city,  but  the 
Council  may  grant  leave  of  absence  without  pay  for  a  further  rea- 
sonable period,  upon  good  cause  being  shown.  No  act  of  the  Council 
in  which  any  member  participated  whose  office  was  vacant  at  the 
time,  as  herein  provided,  shall  be  for  that  reason  invalid,  unless  the 
vacancy  shall  have  been  previously  ascertained  and  declared  by  act 
of  the  Council  or  judgment  of  a  court. 

[Am.  May  3,  1913,  §17.] 

Sec.  30 — Manner  of  Filling  Vacancies  : 

If  a  vacancy  occur  in  the  office  of  Mayor  or  Commissioner  the 
Council  shall  appoint  an  eligible  person  to  fill  such  vacancy  until 
the  next  general  municipal  election. 

[Am.  May  3,  1913,  §18.] 

Sec.  31 — Emergency  Fund: 

There  shall  be  annually  appropriated  and  set  apart  the  sum 
of  $5000.00  to  be  known  as  the  "Emergency  Fund  of  the  Coun- 
cil" and  the  Council  may  use  and  expend  such  fund,  or  any  part 
thereof,  in  its  discretion  for  any  purpose  it  may  deem  proper  or 
advantageous  to  the  public  welfare,  and  shall  not  be  required  to 
furnish  vouchers  showing  the  purposes  for  which  such  expenditures 
were  made.  No  part  of  such  fund  shall  be  used  as  compensation 
or  additional  salary  or  for  the  personal  benefit  of  any  Commissioner. 

[Am.  May  3,  1913,  §33.] 

Sec.  32 — Investigations  : 

The  Council,  or  a  committee  of  the  Council  duly  authorized 
by  it,  may  investigate  any  board  or  department  of  the  city  govern- 
ment, and  the  official  acts  and  conduct  of  any  city  officer,  employee 
or  agent;  and  for  the  purpose  of  ascertaining  facts  in  connection 
with  such  investigation  shall  have  full  power  to  compel  the  attend- 
ance and  testimony  of  witnesses,  to  administer  oaths  and  to  examine 
such  persons  as  it  may  deem  necessary,  and  to  compel  the  produc- 
tion of  books,  documents  and  other  evidence.  Willful  false  swear- 
ing in  such  investigations  and  examinations  shall  be  perjury  and 
punishable  as  such,  under  the  laws  of  the  State  of  Oregon. 

[Ch.   1903,  §47.] 

Sec.  33 — Saloon  License  and  School  Houses  : 

No  license  shall  be  granted  to  any  person  or  persons  to  vend, 
deal  in  or  dispose  of  any  spirituous,  vinous,  fermented  or  malt 
liquors  (except  to  regularly  licensed  druggists  or  to  grocers  who 
may  be  authorized  to  sell  such  liquors  not  to  be  used  or  drunk 
upon  the  premises)  within  four  hundred  feet,  measured  on  street 
lines  of  any  block  on  which  a  public  school  building  is  situated 
within  the  City  of  Portland. 

[Am.  May  3,  1913,  §55.] 


16  POETLAT^D  CITY  CHAETEE 

Sec.  34 — Continuation  of  Specific  Powees  : 

The  specific  powers  granted  to  the  City  under  Sections  73  and 
73%  of  the  Charter  of  1903  shall  continue  to  be  exercised  by  the 
Council  as  a  part  of  the  general  grant  made  by  the  Charter. 

[Am.  May  3,  1913.]* 
♦SUBJECTS  FOR  LEGISLATION. 

Section  73.  (Charter  of  1903.)  The  Council  has  power  and  authority, 
subject  to  the  provisions,  limitations  and  restrictions  in  this  Cliarter  con- 
tained: 

(1)  To  exercise  within  the  limits  of  the  City  of  Portland  all  the 
powers  commonly  known  as  the  police  power  to  the  same  extent  as  the 
State  of  Oregon  has  or  could  exercise  said  power  within  said  limits. 

(2)  To  make  and  enforce  within  the  limits  of  the  City  all  necessary 
water,   local,   police   and   sanitary   laws   and   regulations. 

(3)  To  provide  for  the  punishment  of  a  violation  of  any  ordinance 
of  the  City  by  fine  or  imprisonment  not  exceeding  five  hundred  dollars' 
fine  or  six  months'  imprisonment,  or  both,  or  by  forfeiture  as  penalty;  and 
for  working  any  person  sentenced  to  such  imprisonment  upon  any  public 
work  or  in  any  public  place  during  the  term  thereof,  and  to  provide  for 
the  punishment  of  any  person  sentenced  to  imprisonment  who  shall  refuse 
to  work  when  ordered. 

(See  Sec.  35  this  Charter.) 

(4)  To  provide  for  entering  into  contracts  by  the  City  for  a  period 
not  exceeding  two  years,  except  as  in  this  Charter:  otherwise  provided. 

(5)  To  accept  or  reject  all  property,  real,  personal  or  mixed,  given, 
conveyed,  devised  or  bequeathed  to  the  City,  and  to  provide  for  the 
execution  of  all  trusts  if  accepted  by  the  City. 

(6)  To  purchase,  or  acquire  by  condemnation,  such  property,  real 
and  personal,  as  may  be  needed  for  public  use. 

(7)  To  provide  for  the  purchase  of  property  levied  upon  under  execu- 
tion in  favor  of  the  City,  but  the  sum  bid  on  such  purchase  shall  not  exceed 
the  amount  of  the  judgment  and  costs. 

(8)  To  purchase,  take  and  hold  real  or  personal  property  when  sold 
for  a  delinquent  tax  or  assessment  levied  or  imposed  under  the  authority  of 
the  City  of  Portland,  and  to  sell  and  convey  the  same.  But  the  sum  bid 
by  the  City  on  or  for  any  piece  or  parcel  of  property,  so  sold  for  a  delin- 
quent tax  or  assessment,  shall  not  exceed  the  amount  of  the  tax,  and  the 
necessary  costs  and  expenses  on  such  piece  or  parcel  of  property. 

(9)  To  provide  for  the  sale  at  public  auction,  after  advertising  for  not 
less  than  five  days,  of  all  personal  property  unfit  or  unnecessary  for  the 
use  of  the  City. 

(10)  To  provide  for  the  lease  of  lands  now  or  hereafter  owned  by 
the  City,  but  all  leases  shall  be  made  at  public  auction  to  the  responsible 
bidder  offering  the  highest  monthly  rent  after  publication  of  notice 
thereof  for  not  less  than  ten  days.  No  lease  shall  be  authorized  except 
by  ordinance  passed  by  the  affirmative  vote  of  two-thirds  of  the  members 
of  the  Council  and  approved  by  the  Mayor,  and  no  lease  shall  be  made  for  a 
longer  period  than  five  years,  except  as  herein  otherwise  provided. 

(11)  To  provide  for  the  location  and  construction  of  any  ditch,  canal 
or  pipe  for  the  conduct  of  water,  and  any  drain,  sewer  or  culvert  it  may 
deem  necessary  or  convenient,  and  for  such  purpose  it  shall  have  a  right 
to  enter  upon  any  land  between  the  termini  of  such  ditch,  canal  or  pipe  or 
drain,  sewer  or  culvert,  for  the  purpose  of  examining,  locating  and  sur- 
veying the  line  of  such  ditch,  canal,  pipe,  drain,  sewer  or  culvert,  doing 
no  unnecessary  damage  thereby,  and  to  appropriate  so  much  of  said  land 
as  may  be  necessary  for  the  construction  of  said  ditch,  canal,  sewer,  pipe, 
drain  or  culvert  in  like  manner  as  provided  by  the  laws  of  this  State  for 
the  appropriation  of  lands  or  right  of  way  by  corporations,  and  to  appro- 


GOVEE,NMENT  17 


priate  and  divert  from  its  natural  course  or  channel,  for  the  purpose 
of  drainage  or  flushing  any  drain,  sewer  or  culvert,  any  spring  or  stream 
of  water  and  compel  the  extension  of  gas,  water  and  sewer  connections 
from  the  main  sewer  or  pipe  to  the  curb  line  of  the  sidewalks  of  all 
public  streets. 

(12)  To  provide  for  the  opening,  laying  out,  establishing,  altering, 
extending,  vacating  and  closing  or  for  establishing  and  changing  the 
grades  of  streets,  squares,  parks,  public  places,  and  to  provide  for  the 
improving  and  repairing  of  streets,  squares,  parks  and  public  places  or 
of  any  land  over  which  any  right  of  way  has  been  obtained,  or  granted 
for  any  purpose  of  public  travel  by  means  of  any  kind  of  work,  improve- 
ment or  repair  mentioned  in  this  Charter,  subject  to  the  provisions  and 
limitations  contained  in  this  Charter,  and  in  the  Constitution  of  the  State 
of    Oregon. 

(13)  To  provide  for  lighting  the  streets,  public  grounds,  buildings 
and  places,  and  furnishing  the  City  with  electric,  gas  or  other  lights,  by 
contract  or  by  means  of  its  own  plant,  subject  to  the  conditions  and 
limitations  contained  in  this  Charter,  and  the  Constitution  of  the  State  of 
Oregon. 

(14)  To  prvide  by  ordinance  for  securing  the  payment  of  wages  to 
mechanics  and  other  employees  in  the  service  of  contractors  engaged  in 
doing  work  of  any  kind  for  the  City,  either  by  exacting  bonds  from  such 
contractors  or  otherwise  as  may  seem  most  advisable. 

(15)  To  provide  for  furnishing  the  City  with  water,  as  elsewhere  in 
this  Charter  provided. 

(16)  To  provide  a  seal  for  the  City  and  seals  for  the  several  boards 
and  officers  thereof  and  a  seal  for  the  municipal  court. 

(17)  To  "establish  and  regulate  the  fees  and  compensation  of  all 
officers  of  the  City,  except  when  expressly  provided  by  this  Charter,  and 
for   all   official   services   not   otherwise   provided   for   in    this   Charter. 

(18)  To  fix  a  schedule  of  fees  for  establishing  grades,  surveying 
and  marking  the  boundaries  of  streets,  lots  or  blocks,  granting  permits 
for  the  opening  of  street  surfaces,  grading  streets,  laying  sidewalks,  the 
erection  and  inspection  of  buildings  and  plumbing  fixtures  therein, 

(19)  To  fix  by  ordinance  the  hours  during  which  all  offices  and 
departments  shall  be  kept  open  for  business. 

[FINANCE    AND    REVENUE    POWERS.] 

(20)  To  appropriate  money  to  pay  the  debts,  liabilities  and  expen- 
ditures of  the  City  or  any  part  or  item  thereof. 

(21)  To  grant  licenses  with  the  object  of  raising  revenue  or  of 
regulation,  or  both,  for  any  and  all  lawful  acts,  things  or  purposes,  and 
to  fix  by  ordinance  the  amount  to  be  paid  therefor,  and  to  provide  for 
the  revoking  of  the  same.  No  license  shall  be  granted  to  continue  for  a 
longer  period  than  one  year  from  the  date  thereof.  All  money  received 
from  licenses  for  vehicles  of  every  description,  whether  for  pleasure  or 
for  business,  shall  go  to  the  credit  of  the  Street  Repair  Fund,  but  the 
Council  may  in  its  discretion  set  aside  the  moneys  arising  from  licenses 
upon  bicycles  for  the  construction  or  repair  of  bicycle  paths. 

(22)  To  expend  for  purposes  not  in  this  Charter  otherwise  author- 
ized during  any  fiscal  year  moneys  out  of  the  General  Fund  of  this  City 
not  exceeding  in  the  aggregate  the  sum  of  $1000.00,  no  part  of  which  sum 
shall  be  expended  except  by  ordinance  duly  passed  by  the  affirmative 
vote  of  two-thirds  of  the  members  of  the  Council. 

(23)  The  Council  must  appropriate  annually  to  the  Mayor  $600.00  as 
and  for  a  Secret  Service  Fund,  for  which  he  need  furnish  no  vouchers. 

(24)  Except  as  otherwise  expressly  provided  in  this  Charter,  the 
City  shall  not  have  the  power  to  issue  its  bonds  for  any  indebtedness,  or 
for  any  purpose,  or  to  increase  the  bonded  indebtedness  of  the  City  in  any 
amount  or  for  any  purpose  whatsoever. 


18  PORTLAND  CITY  CHARTER, 

[POWERS       RELATING       TO      PUBLIC       HEALTH.       WELFARE       AND 

SAFETY.] 

(25)  To  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  City,  and  to  remove  persons  afflicted  with  such  diseases 
therefrom  to  suitable  hospitals  provided  by  the  City  for  that  purpose, 
which  hospitals  may  be  within  or  without  said  City;  and  to  provide  and 
to  regulate  such  hospitals;  to  secure  the  protection  of  persons  and  property 
therein,  and  to  provide  for  the  health,  cleanliness,  ornament,  peace  and 
good  order  of  the  City. 

(26)  To  prevent  and  remove  nuisances,  and  to  declare  what  shall 
constitute  the  same,  and  to  punish  persons  committing  or  suffering 
nuisances,  and  to  provide  the  manner  of  their  removal,  and  to  make  the 
cost  of  such  removal  a  lien  upon  the  property  where  such  nuisance  existed; 
and  to  fill  up  or  drain  any  lots,  blocks  or  parcels  of  land  where  any 
stagnant  water  stands,  and  to  declare  the  same  a  nuisance,  and  to  make 
the  cost  of  filling  up  or  draining  the  same  a  lien  upon  the  property  so 
filled  or  drained.  Such  liens  may  upon  the  order  of  the  Council  be 
entered  in  the  docket  of  city  liens  and  thereafter  collected  in  the  same 
manner  as  assessments  for  street  improvements,  or  may  be  collected  in 
such  other  manner  as  the  Council  may  direct. 

(27)  To  regulate,  restrain  and  to  provide  for  the  exclusion  from  the 
City,  or  any  part  thereof,  of  stock-yards,  tanneries,  slaughter  houses,  wash 
houses  and  laundries  and  all  other  offensive  trades,  occupations  or 
businesses. 

(28)  To  regulate  the  plumbing,  drainage  and  sewerage  of  buildings 
and  the  use  of  steam  boilers  and  steam  generators;  to  provide  for  the 
registration  of  plumbers  and  stationary  engineers;  to  create  the  offices 
and  define  the  duties  of  plumbing  inspctor  and  of  boiler  inspector. 

(29)  To  compel  all  persons  erecting  and  maintaining  privies  or  cess- 
pools within  one  hundred  feet  of  any  street  in  which  a  sewer  has  or  may 
hereafter  be  constructed,  to  connect  the  same  therewith;  provided,  that 
in  cases  where  blocks  are  more  than  two  hundred  feet  in  width,  this 
authority   shall   extend    to    the   center   of   the    block. 

(30)  To  regulate  the  construction,  care,  use  and  management  of 
hotels,  tenement  houses,  lodging  houses  and  cellars  in  the  City  of  Portland 
for  the  better  protection  of  the  lives  and  health  of  the  inmates  dwelling 
therein,  and  of  others. 

(31)  To  regulate  and  provide  for  and  determine  the  number  and 
size  of  places  of  entrance  and  exit  from  all  theatres,  public  halls,  places 
of  amusement,  churches  and  other  buildings  used  for  public  gatherings 
and  the  modes  of  hanging  doors  thereat. 

(32)  To  prevent  and  prohibit  the  erection  of  dangerous  and  unsafe 
buildings,  and  to  cause  the  removal  or  tearing  down  of  the  same  wherever 
situated, 

(33)  To  prevent  the  erection  or  moving  of  buildings  within  the  City 
limits  which  shall  be  dangerous  to  the  passers-by  or  to  the  adjacent 
property  or  an  obstruction  to  public  travel;  and  in  case  any  building  or 
structure  shall  become  dangerous  to  passers-by,  the  Council  shall  have 
the  power  to  cause  the  same  to  be  removed  or  made  safe  at  the  expense 
of  the  property  upon  five  days'  notice  to  the  owner  thereof  or  his  agent, 
and  to  determine  by  resolution  when  the  same  is  dangerous.  Such 
expense  shall  be  made  a  lien  upon  the  property.  Such  liens  may  upon 
the  order  of  the  Council  be  entered  in  the  docket  of  city  liens  and  there- 
after collected  in  the  same  manner  as  assessments  for  street  improve- 
ments or  may  be  collected  in  such  other  manner  as  the  Council  may  direct. 

(34)  To  define  the  fire  limits  and  to  prohibit  the  erection  or  repair 
of  wooden  buildings  within  the  fire  limits;  to  regulate  the  height,  con- 
struction, inspection  and  repair  of  all  private  and  public  buildings  within 
the    City;    and    to    create    the    office    and    define    the    duties    of    building 


GOVERNMENT  19 


inspector;  to  establish  sidewalk  districts  and  to  determine  the  character 
of  sidewalks  in  any  of  said  districts  and  to  specify  the  time  at  the 
expiration  of  which  all  sidewalks  shall  be  of  a  specified  character. 

(35)  To  require  adequate  fire  escapes,  apparatus  and  appliances, 
for  protection  against  fire,  to  be  provided  in  buildings. 

(36)  To  regulate  or  prevent  the  storage,  manufacture  and  sale  of 
dangerous,  explosive,  or  combustible  materials,  including  gunpowder, 
dynamite,  giant  powder,  calcium  carbide,  nitro-glycerine,  oil  and  gas,  and 
to  provide  for  the  inspection  of  the  same;  to  prevent  by  all  proper  means 
all  risks  of  injury  or  damage  by  fire  arising  from  negligence  or  otherwise. 

(37)  To  regulate  the  transportation  of  gunpowder,  dynamite  nitro- 
glycerine and  other  combustibles  and  explosives  through  the  streets  of 
the   City. 

(38)  To  regulate  and  prohibit  the  use  of  all  guns,  pistols  and  fire- 
arms, missile  weapons,  fireworks,  firecrackers,  bombs  and  detonators  of 
all  descriptions. 

(39)  To  regulate  and  prevent  public  criers,  advertising  notices,  steam 
whistles,    the   ringing   of   bells  and  playing  of   bands. 

(40)  To  regulate,  prevent  and  prohibit  the  erection,  maintenance  or 
display  of  signboards  and  billboards,  and  of  signs,  posters  or  other  adver- 
tisements, or  advertising  matter  which  are  offensive,  improper,  unsightly, 
indecent,  lascivious  or  obscene  upon,  along  or  near  the  sidewalks,  streets 
or    public    places. 

(41)  To  regulate  and  prohibit  the  exhibition  and  hanging  of  banners 
and  placards  or  flags  in  or  across  the  street  or  from  houses  or  other 
buildings. 

(42)  To  regulate  or  to  prohibit  the  driving  of  horses,  cattle,  sheep, 
hogs  and  other  animals  and  livestock  through  the  streets. 

(43)  To  restrain  and  regulate  the  keeping  of  all  domestic  animals 
and  to  prevent  any  and  all  domestic  animals  from  running  at  large 
within  the  City  or  any  part  thereof,  and  to  punish  those  who  allow  animals 
so  to  run;  to  provide  for  the  impounding  of  the  same  and  also  to  provide 
for  the  sale  of  such  animals  upon   five  days'  notice. 

(44)  To  regulate  and  restrain  the  keeping  and  the  running  at  large 
of  dogs;  to  punish  those  persons  who  allow  their  dogs  to  be  unlicensed 
or  to  run  at  large  against  the  regulations  established,  and  to  provide  for 
the  impounding  of  dogs  and  for  the  killing  of  the  same  when  kept  against 
such  regulations,  or  on  which  no  license  has  been  obtained  or  tax  paid  as 
provided  by  the  Council. 

(45)  To  protect  the  public  from  injury  by  runaways  by  punishing 
persons  who  leave  horses  or  carriages  in  the  streets  without  being 
fastened. 

(46)  To  require  all  railways  and  railroads  to  provide  proper  fenders 
and  other  safety  appliances  and  the  latest  and  most  approved  machinery 
and  methods  for  their  cars  and  tracks  and  the  operation  thereof  for  the 
protection  of  human  life  and  the  lessening  of  danger  thereto  and  to 
enforce  such  regulations  by  such  fines  and  penalties  as  may  be  prescribed 
by  ordinance. 

[CRIMINAL    AND    POLICE    POWERS.] 

(47)  To  provide  for  the  punishment  by  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  two  years,  or  both,  of  any  person  or  persons  who  may  injure, 
deface,  interfere  with  or  destroy  any  of  the  property  belonging  to  the 
City  or  in  which  the  City  has  any  interest,  right  or  estate,  and  to  provide 
that  the  Municipal  Court  of  (or)  the  Circuit  Court  of  the  State  of  Oregon 
for  the  County  of  Multnomah  shall  have  jurisdiction  to  enforce  such 
punishment  or  punishments. 

(48.)  To  regulate  and  restrain  bartenders,  saloon  keepers,  dealers  in 
and  manufacturers  of  spirituous,   vinous,   fermented  or  malt  liquors,  bar- 


20  PORTLAND  CITY  CHARTEE 

rooms,  drinking  shops  or  places  where  spirituous,  vinous,  fermented  or 
malt  liquors  are  kept  for  sale  or  in  any  manner  disposed  of,  and  the  sale 
and  disposal  thereof;  all  offensive  and  dangerous  trades,  employments 
or  business;  and  for  the  purpose  of  this  Charter  to  define  and  declare 
who  is  a  bartender,  saloon  keeper  or  dealer  in  spirituous,  vinous,  fer- 
mented or  malt  liquors,  and  what  is  a  barrom,  drinking  shop  or  place 
where  spirituous,  vinous,  fermented  or  malt  liquors  are  kept  for  sale  or 
disposed  of  and  what  are  offensive  or  dangerous  trades,  employments  or 
businesses.  No  provision  of  the  law  concerning  the  sale  or  disposition  of 
any  spirituous,  vinous,  fermented  or  malt  liquors  in  Multnomah  County 
shall  apply  to  the  sale  or  disposition  of  the  same  in  the  City  of  Portland. 
No  license  shall  be  granted  to  any  person  or  persons  to  vend,  deal  in  or 
dispose  of  any  spirituous,  vinous,  fermented  or  malt  liquors  (except  to 
regularly  licensed  druggists  or  to  grocers,  who  may  be  authorized  to  sell 
such  liquors  not  to  be  used  or  drunk  upon  the  premises)  within  four 
hundred  (400)  feet,  measured  on  street  lines,  of  any  block  on  which  a 
public    school  building  is   situated  within   the   City   of  Portland. 

(49)  To  prevent  and  suppress  gaming  and  gambling  houses,  lotteries 
or  places  where  any  game  in  which  chance  predominates  is  played  for 
anything  of  value,  and  to  punish  any  person  who  engages  in  such  game, 
or  keeps  or  frequents  such  houses  or  sets  up  or  promotes  lotteries 
or  sells  lottery  tickets,  to  prevent  and  supress  bawdy  houses  or  places 
where  fornication  is  practiced,  and  to  punish  any  inmate,  keeper  or  fre- 
quenter thereof;  to  prevent  and  suppress  opium  smoking  and  houses  and 
places  kept  therefor  and  to  punish  any  keeper  of  such  house  or  place, 
or  person  who  smokes  opium  therein  or  frequents  the  same;  to  regulate 
the  sale  of  cigarettes,  cigars  and  tobacco  and  to  prohibit  the  sale  of  the 
same  to  minors. 

(50)  To  prevent  the  sale,  circulation  and  disposition  of  obscene 
literature,  including  books,  papers,  prints,  pictures  and  the  like,  and  to 
punish  any  person  who  sells  or  offers  for  sale,  or  who  circulates  or 
disposes  of  such  literature,  books,  papers,  prints,  pictures  and  the  like, 
and  to  define  and  declare  from  time  to  time  what  literature,  books,  papers, 
prints,  pictures  and  the  like  are  obscene  within  the  purposes  and  province 
of  this  provision. 

(51)  To  prevent  trespassing  and  punish  trespassers  upon  real  and 
personal  property. 

(52)  To  restrain  and  punish  intoxication,  fighting  and  quarreling  in 
the  City,  and  any  disturbance  or  any  unlawful  or  indecent  practice,  and 
to  define  what  shall  constitute  the  same. 

(53)  To  prevent,  restrain  and  disperse  any  riot  or  riotous  assem- 
blage, and  to  restrain  and  punish  any  person  taking  part  therein. 

(54)  To  define  what  constitutes  vagrancy,  and  provide  for  the  sup- 
port,   restraint,    punishment    and    employment    of    vagrants    and    paupers. 

(55)  To  prohibit  persons  from  roaming  the  streets  at  unseasonable 
hours. 

(56)  To  prohibit  the  carrying  of  dangerous  weapons  in  a  concealed 
manner. 

(57)  To  prohibit  and  prevent  cruelty  to  children  and  animals;  to 
appropriate  such  sums  as  may  be  paid  into  the  treasury  from  fines 
collected  on  conviction  of  persons  charged  with  cruelty  to  animals  or 
children,  and  to  authorize  the  payment  of  the  same  or  any  part  thereof 
to   any    society   that  shall   have  officially  aided  in   such  conviction. 

(58)  To  prohibit  the  exhibition  of  deformed  or  crippled  persons,  and 
to  prohibit  all  persons  from  begging  upon  the  streets  or  in  public  places. 

(59)  To  establish,  change,  discontinue  or  re-establish  city  jails, 
prisons,  police  stations,  work  houses  and  houses  of  detention,  punishment 
and  confinement. 


GOYERISrMENT  21 


[STREETS.] 

(60)  Except  as  otherwise  provided  in  this  Charter  or  in  the  con- 
stitution or  laws  of  the  State  of  Oregon,  to  regulate  and  control  for  any 
and  every  purpose  the  use  of  the  streets,  highways,  alleys,  sidewalks, 
public  thoroughfares,  public  places  and  parks  of  the  City;  to  regulate 
the  use  of  streets,  roads,  highways  and  public  places  for  foot  passen- 
gers, animals,  bicycles,  automobiles  and  vehicles  of  all  descriptions. 

(61)  To  regulate,  restrain  and  prevent  obstructions  within  the  public 
streets,  sidewalks  and  places  and  to  make  all  needful  regulations  to  keep 
and  maintain  the  public  streets,  sidewalks  and  places  in  a  clean,  open  and 
safe  condition  for  public  use;  to  provide  for  the  removal,  impounding  and 
sale  or  other  disposition  of  such  obstructions  upon  five  days'  notice. 

(62)  To  regulate  the  use  of  the  streets  and  sidewalks  for  the  use 
of  signs,   sign  posts,   hitching  posts,  awning  posts  and  bicycle  racks. 

(63)  To  control  and  limit  traffic  on  the  streets,  avenues  and  else- 
where. 

(64)  To  prescribe  the  width  of  tires  of  all  vehicles,  and  the  weight 
to  be  carried  thereby. 

(65)  To  regulate  the  use  of  sidewalks;  prevent  the  extension  of 
building  fronts  and  house  fronts  over  the  street  line,  and  to  prohibit  the 
building  and  use  of  barbed  wire  fences;  to  regulate  the  limits  within 
which  it  shall  be  unlawful  to  erect  steps,  porticos,  bay  windows  or 
structural  ornaments  to  houses  fronting  on  any  of  the  streets,  lanes  or 
alleys   of  the  City. 

(66)  To  prohibit  the  planting,  growing  and  use  of  trees  such  as 
may  be  detrimental  to  the  sewers  or  to  the  use  of  the  sewers,  and  to 
cause   such   last-mentioned  trees   to   be  cut  down   or  removed. 

(67)  To  set  apart  as  a  boulevard  or  boulevards  any  street  or 
streets,  or  portion  of  a  street  or  streets,  over  which  there  is  no  existing 
franchise  for  any  street  or  other  railroad. 

(68)  To  provide  for  surveying  the  blocks  and  streets  of  the  City  and 
for  marking  the  boundary  lines  of  such  blocks  and  streets;  to  change  by 
ordinance .  the  number,  letter  or  designation  of  any  lot,  block  or  tract 
of  land  within  the  City  which  may  be  conflicting  or  otherwise  unsuit- 
able and  to  give  by  ordinance  a  designation  to  any  tract  of  land  within 
the  City  not  numbered,  lettered  or  designated.  A  certified  copy  of  such 
ordinance  shall  be  transmitted  by  the  Auditor  to  the  recording  officer 
of  the  County,  who  shall  record  the  same  in  the  Record  of  Plats  of  said 
County  and  shall  make  a  reference  to  the  record  of  such  ordinance  upon 
the  recorded  plat  on  file.  No  charge  shall  be  made  by  the  recording 
officer. 

(69)  To  regulate  the  numbering  of  houses  and  lots  on  the  streets 
and  avenues  and  the  naming  of  streets  and  avenues. 

(70)  To  provide  a  series  of  conduits  under  the  streets,  lanes,  alleys 
and  public  places  of  the  City  or  any  part  or  parts  thereof  for  the  use 
of  telephone,  telegraph,  electric  light  and  other  wires,  or  for  other 
purposes,  either  by  constructing  said  conduits  itself  or  authorizing  their 
construction  by  others  upon  such  terms  and  conditions  as  the  Council 
may  impose,  and  to  regulate  and  control  the  use  of  such  conduits,  and 
to  prescribe  and  establish  reasonable  rentals  to  be  paid  by  any  person 
or  company  using  any  of  said  conduits  by  whomsoever  the  same  may 
be  constructed  for  the  use  thereof,  and  to  provide  for  the  collection  of 
such  rentals,  in  addition  to  the  ordinary  processes,  by  such  summary 
methods  as  it  may  deem  proper.  If  any  such  grant  be  made  to  any 
person,  firm  or  corporation,  such  grantee  shall  not  have  power  to  sublet 
the  same  or  the  use  of  the  same  to  any  person,  firm  or  corporation  engaged 
in  selling,  hiring,  leasing  or  otherwise  receiving  any  income  from  the 
business  or  purpose  for  which  it  desires  to  use  such  conduits,  without  such 
person,  firm  or  corporation  first  obtaining,  as  provided  in  this  Charter,  a 
franchise  for  such  business,  purpose  or  use. 


22  PORTLAND  CITY  CHAETER 


[COMMERCE.] 

(71)  To  prescribe  rates  to  be  charged  for  transportation  of  passen- 
gers or  property  within  the  limits  of  the  City  by  means  of  vehicles  of 
every  description. 

(72)  To  provide  for  the  establishment  of  market  houses  and  places, 
and  to  regulate   the  location  and   management   thereof. 

(73)  To  provide  a  standard  of  weights  and  measures  and  to  authorize 
inspection  of  weights,  measures,  food  and  fuel;  to  regulate  the  assize 
and  weight  of  bread,  other  food  products  and  fuel,  and  to  prevent  the 
sale  of  adulterated,  unhealthful  and  unwholesome  food,  and  to  provide 
for  the  seizure  and  forfeiture  of  bread,  other  food  products  and  fuel 
offered  for  sale  or  sold  contrary  to  said  regulations. 

*See  §34. 

[WHARVES,    DOCKS    AND    HARBOR.] 

(74)  To  define  the  duties  of  harbormaster,  additional  to  those  else- 
where   in    this    Charter    provided. 

(75)  To  provide  for  the  removal  of  obstructions,  debris  and  other 
deleterious  matter  from  the  Willamette  River  within  the  City  limits  and 
to  prohibit  putting  or  negligently  or  wilfully  suffering  the  same  to  be 
put   therein. 

(76)  To  regulate  the  building  of  wharves,  and  the  driving  of  piles 
in  the  Willamette  River  within  the  limits  of  the  City,  and  to  establish 
lines  beyond  which  wharves  shall  not  be  built  nor  piles  be  driven. 

(77)  To  provide  for  the  construction  and  regulation  of  landings  at 
the  foot  of  the  streets  terminating  at  the  Willamette  River. 

(78)  To  appropriate  money  for  the  deepening,  widening,  docking, 
covering,  walling,  altering,  or  changing  channels,  waterways,  or  water 
courses  within  the  City,  and  to  provide  for  the  construction  and  main- 
tenance of  canals,  slips,  public  landing  places,  wharves,  docks  and  levees, 
and  all  such  other  work  as  may  be  required  for  the  accommodation  of  com- 
merce; to  control  and  regulate  the  use  thereof  and  to-  provide  for  the 
acquisition  by  condemnation  or  otherwise  of  all  such  work  or  works  by 
the  City,  and  for  the  construction,  maintenance  and  ownership  of  the  same 
by  the  City. 

[Ch.    1903.] 

*  Section  73 1/^.  The  Council  has  power  and  authority  to  provide  for 
the  establishing  and  maintenance  of  a  Free  Employment  Bureau  in  the 
City  of  Portland,  the  expense,  of  establishing  and  maintaining  which 
shall  be  paid  out  of  the  General  Fund  of  the  City  of  Portland. 

[Am.    June   3,   1907.] 

Sec.  35 — Fines  and  Imprisonment  for  Violation  of 
Ordinances — Detention  Home  : 

(The  Council  has  power  and  authority,  subject  to  the  provisions, 
limitations   and   restrictions   in   this   Charter   contained:   *   *   *) 

To  provide  for  the  punishment  of  a  violation  of  any  ordinance 
of  the  City  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment, or  by  both,  or  by  confinement  in  a  house  of  detention 
or  industrial  home,  such  as  may  hereafter  be  provided  by  ordinance, 
and  for  working  any  person  sentenced  to  such  confinement  during 
the  term  thereof,  and  to  provide  for  the  punishment  of  any  such 
person  who  shall  refuse  to  work  when  ordered.  Such  imprisonment 
in  jail  shall  be  for  a  term  not  exceeding  six  months,  but  in  case  of 
commitment  to  a  house  of  detention  or  industrial  home  it  shall  be 
for  a  term  not  exceeding  two  years;  provided,  however,  that  any 
inmate  of  such  jail,  house  of  detention  or  industrial  home  may  be 


GOVERNMENT  23 


paroled  or  released,  if  in  the  judgment  of  the  Council  such  action 
is  advisable,  before  the  sentence  is  fully  served. 

[Ch.  1903,  Subdiv.  3,  §73;  Am.  June  2,  1913,  Subdiv.  3,  §73.] 

Sec.  36 — Enumeration  of  Powers  not  a  Limitation  : 

The  foregoing  or  other  enumeration  of  particular  powers 
granted  to  the  Council  in  this  Charter  shall  not  be  construed  to 
impair  any  general  grant  of  power  herein  contained  nor  to  limit 
any  such  general  grant  to  powers  of  the  same  class  or  classes  as 
those  so  enumerated. 

[Ch.  1903,  §74.] 

Article  2 — Meetings  and  Ordinances, 

Sec.  37 — Organization  of  Council: 

At  its  first  regular  meeting  the  Council  shall  elect,  by  a  ma- 
jority vote,  a  president.  The  Mayor  shall  preside  at  all  meetings 
of  the  Council.  In  his  absence  or  disability  the  President  of  the 
Council  shall  perform  the  duties  of  Mayor.  In  the  absence  or 
disability  of  both  President  and  Mayor  the  other  members  of  the 
Council  shall  select  one  of  their  number  to  perform  the  duties  of 
President  and  Mayor  during  such  absence. 

[Am.  May  3,  1913,  §35.] 

Sec.  38 — The  Calendar  : 

The  Council  shall  cause  to  be  printed  for  public  use  and  placed 
with  the  Auditor  for  distribution  at  least  twenty-four  hours  before 
each  legislative  session  a  summary  of  all  matters  to  come  before 
it  at  the  next  regular  legislative  session.  No  matter  not  contained 
in  said  summary  shall  be  considered  at  such  legislative  session 
unless  four  members  of  the  Council  shall  vote  to  consider  the  same. 

[Am.  May  3,  1913,  §30.] 

Sec.  39 — Aye  and  Nay  Vote  : 

Upon  the  request  of  any  member  the  ayes  and  nays  shall  be 
taken  and  recorded  upon  any  action  or  resolution. 

[Am.  May  3,  1913,  §31.] 

Sec.  40 — Privilege  in  Debate  : 

A  member  of  the  Council  for  words  uttered  in  debate  therein 
shall  not  be  questioned  in  any  other  place. 

[Am.  May  3,  1913,  §32.]  ' 

Sec.  41 — Right  of  Council  to  Control  Its  Members  : 

The  Council  shall  determine  its  own  rules  of  procedure,  may 
punish  its  members  for  disorderly  conduct,  and  may  compel  the 
attendance  of  members. 

[Am.  May  3,  1913,  §19.] 

Sec.  42 — Meetings — Public  and  Weekly — Journal  op  Pro- 
ceedings : 
All  meetings  of  the  Council  and  all  committee  meetings  of 
the  Council  shall  be  public.     It  shall  hold  one  regular  legisative 


24  PORTLAND  CITY  CHARTEE 

meeting  each  week,  and  such  other  meetings  as  it  may  prescribe. 
The  Council  shall  keep  a  journal  of  its  proceedings  which  shall  be 
a  public  record. 

[Am.  May  3,  1913,  §20.] 

Sec.  43 — ^Quorum: 

At  any  meeting  of  the  Council  three  members  shall  constitute 
a  quorum,  but  a  less  number  may  adjourn  from  time  to  time,  and 
may  compel  the  attendance  of  absent  members. 

[Am.  May  3,  1913,  §21.] 

Sec.  44 — Manner  of  Transacting  Legislative  and  Judicial 
Business  : 
In  the  transaction  of  legislative  or  judicial  business  the  Council 
shall  act  only  by  ordinance.  The  ayes  and  nays  shall  be  taken  upon 
the  passage  of  all  ordinances  and  entered  upon  the  journal  of  the 
proceedings  of  the  Council.  Every  member  when  present  must 
vote,  and  every  action  of  the  Council,  except  a  motion  to  adjourn, 
or  action  to  compel  the  attendance  of  absent  members,  shall  require 
the  affirmative  vote  of  three  members. 

[Am.  May  3,  1913,  §22.] 

Sec.  45 — Ordinance  to  Contain  But  One  Subject  : 

No  ordinance,  except  one  making  an  appropriation,  shall  con- 
tain more  than  one  general  subject;  ordinances  making  appropria- 
tions shall  be  confined  to  the  subject  of  appropriations. 

[Am.  May  3,  1913,  §23.] 

Sec.  46 — Enacting  Clause: 

The  enacting  clause  of  all  ordinances  shall  be  in  the  words, 
'^^The  City  of  Portland  does  ordain  as  follows:" 

[Am.  May  3,  1913,  §24.] 

Sec.  47 — Manner  of  Passing  Ordinances  : 

Every  ordinance,  other  than  emergency  ordinances,  shall  have 
three  public  readings,  not  more  than  two  of  which  shall  be  at  the 
same  regular  legislative  session.  At  least  one  week  shall  elapse 
between  the  introduction  and  final  passage  of  any  ordinance  and 
no  ordinance  shall  be  amended  within  one  week  of  its  final  passage, 
except  in  case  of  an  emergency  ordinance.  An  emergency  ordinance 
may  be  enacted  upon  the  day  of  its  introduction,  providing  that  it 
shall  contain  the  statement  that  an  emergency  exists,  and  specify 
with  distinctnes,s  the  facts  and  reasons  constituting  such  emergency. 
The  unanimous  vote  of  all  members  of  the  Council  present,  and 
of  not  less  than  four  (4)  members  shall  be  required  to  pass  an 
emergency  ordinance. 

[Am.  May  3,  1913,  §25.] 

Sec.  48 — Date  Ordinances  Passed  by  Council  Take  Effect  : 

Ordinances  (a)  making  appropriations  and  the  annual  tax 
levy,  (b)  relative  to  local  improvements  and  assessments  therefor, 
and  (c)  emergency  ordinances,  shall  take  effect  immediately  upon 


GOVERNMENT  25 


X 


their  passage.  All  other  ordinances  enacted  by  the  Council  shall 
take  effect  thirty  days  after  their  passage,  unless  a  later  date  is 
fixed  therein,  in  which  event  they  shall  take  effect  at  such  later 
date,  subject  to  the  referendum  and  subject  to  the  provisions  of 
Section  52  of  this  Charter. 

[Am.  May  3,  1913,, §26.] 

Sec.  49 — Date  Initiative  and  Eet^ei.7ndij:j  Measures  Take 
Eefect : 
Ordinances  or  other  measures  adopted  by  ihe  electors  of  the 
city  under  the  initiative,  or  approved  by  the  electors  of  the  city 
when  submitted  under  the  referendum,  shall  take  effect  at  the  time 
fixed  therein;  but  if  no  such  time  is  designated  therein,  at  the  date 
of  the  adoption. 

[Am.  May  3,  1913,  §27.] 

Sec.  50 — Manner  of  Amending  and  Repealing  Ordinances  : 

Amendments  or  repeals  of  ordinances,  or  sections  thereof, 
shall  also  be  by  ordinance. 

[Am.  May  3,  1913,  §28.] 

Sec.  51^Attestation  of  Ordinances  : 

An  ordinance  when  passed  by  the  Council  shall  be  signed  by 
the  Mayor,  or  in  his  absence  by  the  President  of  the  Council,  and 
attested  by  the  Auditor,  and  shall  be  carefully  filed  and  preserved 
and  a  record  thereof  made  in  a  book  kept  for  that  purpose,  marke<i 
"Ordinance  record.'^ 

[Am.   May  3,   1913,  §29.] 

Sec.  52 — Objections  to  Ordinances  : 

At  any  time  within  ten  days  after  the  passage  of  any  ordinance 
which  shall  not  take  effect  immediately,  any  member  of  the  Council 
may  file  in  writing  objections  to  said  ordinance  which  shall  be 
considered  and  voted  upon  by  the  Council  at  its  next  regular  meet- 
ing. If  a  majority  shall  vote  to  sustain  such  objections  the  ordi- 
nance shall  be  deemed  repealed  and  shall  not  take  effect  unless 
again  passed  in  the  s^me  manner  as  a  new  ordinance.  If  a  majority 
shall  vote  not  to  sustain  such  objections  the  same  shall  have  no 
effect  on  the  ordinance.  The  objections  together  with  the  vote 
thereon  shall  be  preserved  on  record. 

[Am.  May  3,  1913,  §29.] 

Sec.  53 — Existing  Ordinances  Continued: 

All  existing  ordinances  of  the  City  of  Portland  in  force  when 
this  Charter  takes  effect  and  not  inconsistent  herewith,  shall  be 
and  remain  in  full  force  until  repealed  or  until  they  expire  by 
limitation. 

[Ch.    1903,    §52.] 

Article.  3 — Executive  and  Administrative  Powers. 

Sec.  54 — The  Departments — Distribution  of  Work: 

The  executive  and  administrative  powers,  authority  and  duties, 


26  PORTLAND  CITY  CHARTER 


not  otherwise  provided  for  herein,  shall  be  distributed  among  five 
departments,  as  follows : 

(a)  Department  of  Public  Affairs.-"^ 

(b)  Department  of  Finance.    ""  ' 

(c)  Department  of  Public  Safety. --> 

(d)  Department  of  Public  Utilities. 

(e)  Department  of  Public  Improvements.^ 

The  distribution  of  the  work  among  them  shall  be  made  and 
may  be  changed  from  time  to  time  by  the  Mayor  by  order  which 
shall  be  filed  and  preserved  as  an  ordinance.  The  names  of  the 
departments  may  be  changed  in  like  manner. 

[Am.  May  3,  1913,  part  of  §36.] 

Sec.  55 — Assignment  of  Department  to  Commissioners  : 

At  the  first  regular  meeting  after  the  election  of  any  Council- 
man, the  Mayor  shall  designate  one  member  to  be  Commissioner 
in  charge  of  each  department,  who  shall  thereafter  be  designated 
as  Commissioner  of  such  department,  which  designation  may  be 
changed,  and  a  transfer  of  Commissioners  from  one  department 
to  another  be  made,  whenever  it  appears  that  the  public  service 
will  be  benefited  thereby.  Such  assignment  shall  be  made  by  the 
Mayor  by  order  which  shall  be  filed  and  preserved  as  an  ordinance. 

[Am.  May  3,  1913,  part  of  §37.] 

Sec.  56 — Authority  of  Commissioner  Over  His  Department  : 

The  Commissioner  in  charge  of  each  department  shall  have 
the  supervision  and  control  of  all  the  affairs  and  property  which 
belong  to  his  department,  subject  to  the  provisions  of  this  Charter 
and  to  such  regulation  as  may  be  prescribed  by  the  Council. 

[Am.  May  3,  1913,  part  of  §37.] 

Sec.  57 — ^Council  to  Assign  Work  to  SfUBORDiNATES : 

The  Council  shall  prescribe  the  powers  and  duties  of  officers 
and  employes,  may  assign  particular  officers  to  one  or  more  of  the 
departments  and  may  require  an  officer  or  employe  to  perform 
duties  in  two  or  more  departments.  The  Council  shall  make  such 
rules  and  regulations  as  may  be  necessary  and  proper  for  the  effi- 
cient and  economical  conduct  of  the  business  of  the  city. 

[Am.  May  3,  1913,  part  of  §36.] 

Sec.  58 — Administrative  Code: 

A  complete  code  providing  for  the  administration  of  the  powers 
and  duties  of  the  different  departments  and  for  their  organization 
shall  be  enacted  by  the  Commissioners  as  soon  as  possible  after  their 
election.  Such  code  shall  provide  for  a  uniform  standard  for  the 
purchase  of  materials  and  supplies  and  shall  provide  a  purchasing 
agent,  not  under  civil  service  rules  to  inspect  and  test  the  quality 
and  quantity  of  the  materials  and  supplies  purchased  and  deter- 
mine their  exact  conformity  to  specifications.  Provision  shall  be 
made  for  the  transfer  of  employes  from  one  department  to  another. 
Methods  shall  be  devised  for  the  publication  of  charts  or  diagrams 


GOVEEiNMENT  27 


A 


showing  the  financial  condition,  growth,  receipts  and  expenditures 
of  the  different  departments.  These  publications  shall  be  mad©  at 
least  every  six  months  and  shall  be  so  published  as  to  give  a  com- 
parison of  the  condition  at  such  period  with  that  at  a  prior  period. 
Each  department  shall  keep  time  reports  and  cost  data  and  efficiency 
records  of  its  employes  which  shall  be  made  the  basis  of  promotions 
and  increase  of  salary.  Methods  shall  be  provided  for  by  which 
the  heads  of  departments  may  determine  and  compare  the  work 
accomplished  by  the  department  with  reference  to  its  expenditures. 
A  definite  system  of  accounting  shall  be  provided  for  each  depart- 
ment showing  the  work  performed  and  the  material  furnished  com- 
pared with  the  cost  thereof  so  itemized  that  it  can  be  determined 
whether  each  department  is  becoming  more  efficient  or  less  efficient. 
All  stores  and  supplies  of  the  city  shall  be  properly  housed,  segre- 
gated and  tabulated  and  a  perpetual  inventory  kept  showing  the 
additions  and  depletions  thereof.  Each  department  shall  keep  time 
reports,  time  records  and  reports  of  expenses  to  he  compared  with 
the  prior  month  and  prior  year  which  shall  show  percentage  of 
increase  or  decrease  and  shall  also  keep  stores  and  material  accounts 
for  like  comparison. 

[Am.  May  3,  1913.  part  of  §36.] 

Article  4 — The-  Mayor. 

Sec.  59 — His  Duties — Annual  Message  : 

The  Mayor  shall  exercise  a  careful  supervision  over  the  general 
affairs  of  the  city  and  its  subordinate  offices.  It  shall  be  his  duty 
from  time  to  time  to  make  such  recommendations  to  the  Council 
as  he  may  consider  to  be  for  the  welfare  of  the  city.  On  or  before 
the  fifth  day  of  January  in  each  year,  he  must  communicate,  by 
message,  to  the  Council  a  general  statement  of  the  conditions  and 
affairs  of  the  city  and  submit  therewith  the  annual  budget  of  cur- 
rent expenses  of  the  city. 

[Ch.    1903,   §147.] 

Sec.  60 — Institution  of  Suits  to  Cancel  Franchises;  Investi- 
gation OE  Franchises  : 
The  Mayor  may  on  his  own  motion,  and  must  upon  a  resolu- 
tion passed  by  the  Council  directing  him  so  to  do,  cause  to  be  insti- 
tuted on  behalf  of  the  city  such  actions  or  proceedings  as  may  be 
necessary  to  revoke,  cancel  or  annul  all  franchises  that  may  have 
been  granted  by  the  City  to  any  person,  company  or  corporation, 
which  have  been  forfeited  in  whole  or  in  part  or  which  for  any 
reason  may  be  irregular  and  void  and  not  binding  upon  the  City, 
and  the  City  Attorney  upon  his  demand  must  institute  and  prose- 
cute the  suits  or  actions  required  to  enforce  the  provisions  of  this 
section.  Each  Mayor  taking  office  under  this  Charter  shall  cause 
a  careful  investigation  to  be  made  of  the  exact  condition  of  all 
franchises  theretofore  granted  by  the  City,  and  of  the  respective 


28  PORTLAND  CITY  CHARTER 

rights  and  obligations  of  the  parties,  and  the  performance  of  the 
same,  and  shall  report  the  results  thereof  in  each  of  his  annual 
reports  or  messages. 

[Ch.   1903,  §151.] 

Sec.  61 — Investigation  of  Offices  : 

The  Mayor  may  at  any  time,  with  or  without  notice,  investi- 
gate in  person  or  through  one  or  more  competent  persons  appointed 
by  him  for  the  purpose,  the  offices  and  accounts  of  any  department 
of  the  City  or  of  any  employe,  and  the  official  acts  and  conduct  of 
any  official  or  employ©  in  the  administrative  service  of  the  City, 
and  the  money,  securities  and  property  belonging  to  the  City  m 
the  possession  or  charge  of  such  department,  officers,  or  employe. 
For  the  purpose  of  ascertaining  facts  in  connection:  with  these 
examinations,  the  Mayor  shall  have  full  power  to  compel  the  at- 
tendance and  testimony  of  witnesses,  to  administer  oaths,  and  to 
examine  such  persons  as  he  may  deem  necessary  and  to  compel 
the  production  of  books,  papers  and  other  evidence.  Wilful  false 
swearing  in  such  investigations  and  examinations  shall  be  perjury 
and  punishable  as  such.  The  expense  of  any  such  investigation 
shall  be  paid  out  of  the  General  Fund  in  the  same  manner  as  other 
claims  against  the  city  are  paid.  The  result  of  all  such  examina- 
tions and  investigations  shall  be  reported  to  the  Council  and  such 
report  be  filed  with  the  Auditor. 

[Ch.    1903,    §152.] 

Sec.  62 — Suspensions  from  Duty  Pending  Investigation  : 

The  Mayor  shall  have  the  power  to  suspend,  pending  an  official 
investigation,  any  officer  of  the  city,  except  C'ouncilmen,  for  any 
official  defalcation  or  wilful  neglect  of  duty,  or  official  misconduct. 

[Ch.  1903,  §153.] 

Sec.  63 — Be  Notified  of  Violation  of  Contracts  : 

It  shall  be  the  duty  of  every  officer  and  person  in  the  employ 
or  service  of  the  City,  when  it  shall  come  to  his  knowledge  that 
any  contract  or  agreement  with  the  City,  or  with  any  officer  or 
department  thereof,  or  relating  to  the  business  of  any  office,  has 
been  or  is  about  to  be  violated,  forthwith  to  report  to  the  Mayor 
all  the  facts  and  information  within  his  possession  concerning  such 
matter.  A  wilful  failure  so  to  do  shall  be'  sufficient  cause  for  the 
removal  of  such  officer  or  employe.  The  Mayor  shall  give  a'  certifi- 
cate on  demand  to  any  person  reporting  such  facts  and  information 
that  he  has  done  so  and  such  certificate  shall  be  evidence  in  exonera- 
tion from  a  charge  of  neglect  of  duty  in  that  behalf. 

[Ch.    1903,   §158.] 

Article  5 — The  Auditor. 

Sec.  64 — Qualifications — Felling  Vacancy  in  Office  : 
/  \  There  shall  be  an  Auditor  of  the  City  of  Portland  who  shall 

^     possess  the  same  qualifications  required  of  a  Commissioner  and  in 


\ 


GOVERNMENT  29 


addition  those  of  an  expert  accountant.    He  shall  be  elected  at  the     '■ 

generaljnunicipal  election  and  shall  serve  for  a  term  of  four  years. 1 

If  a  vacancy  occur  in  the  office  of  Auditor  the  Council  shall 
appoint  an  eligible  person  to  fill  such  vacancy  until  the  next  gen- 
eral election  subject  to  the  provisions  of  law  with  respect  to  the 
recall  of  officers,  and  also  subject  to  the  provisions  of  this  Charter 
declaring  when  a  vacancy  shall  exist;  the  person  appointed  to  fill 
such  vacancy  must  within  five  days  from  the  date  of  appointment 
or  election  qualify  therefor  as  in  the  case  of  an  officer  elected  for 
the  full  term  or  he  shall  be  deemed  to  have  declined  and  the  office 
shall  be  considered  vacant.  Any  such  vacancy  shall  be  filled  at  the 
next  general  municipal  election  for  the  unexpired  term. 

[Ch.   1903,  §269;  Am.  May  3,  1913,  §97.] 

Sec.  65 — Salary  and  Bond  : 

The  salary  of  the  Auditor  shall  be  fixed  by  the  Council  and 
shall  not  be  less  than  thirty-six  hundred  dollars  per  annum,  pay- 
able monthly  out  of  the  General  Fund  in  the  same  manner  as 
other  salaries  are  paid.  He  shall  give  a  bond  for  the  faithful  per- 
formance of  his  duties  in  such  sum  as  the  Council  may  determine. 

[Ch.  1903,  §270;  Am.  May  3,  1913,  §98.] 

Sec.  66 — Duties: 

The  Auditor  is  the  accounting  and  clerical  officer  of  the  city. 
He  shall  be  in  personal  attendance  at  his  office  daily  during  office 
hours.  He  shall  receive  and  preserve  in  his  office  all  accounts, 
books,  vouchers,  documents  and  papers  relating  to  the  accounts  and 
contracts  of  the  city,  its  debts,  revenues  and  other  financial  affairs. 
He  shall  give  information  as  to  the  exact  condition  of  the  treasury 
and  of  every  appropriation  and  fund  thereof  upon  demand  of  the 
Mayor  or  the  Council,  or  any  Commissioner.  He  shall  be  the  cus- 
todian of  the  city's  seal  and  shall  perform  such  other  duties  as 
this  Charter  or  the  Council  may  direct.  He  shall  keep  the  records 
and  accounts  of  the  city  in  a  complete  and  intelligible  manner. 
He  shall  make  a  semi-annual  statement  to  the  Council  showing  the 
receipts  and  disbursements  of  the  city  and  the  state  of  each  par- 
ticular fund  at  the  close  of  business  on  the  31st  day  of  May  in  each 
year,  and  shall  also  prepare  and  transmit  to  the  Council  on  or  before 
the  15th  day  of  December  in  each  year  a  report  of  the  financial 
transactions  of  the  city  during  the  calendar  year  ending  the  30th 
day  of  November  next  preceding  and  of  its  financial  condition  at 
the  close  of  business  on  said  30th  day  of  November.  The  report 
shall  contain  an  accurate  statement  in  summarized  form  and  also 
in  detail  of  the  financial  receipts  of  the  city  from  all  sources  and 
of  the  expenditures  of  the  city  for  all  purposes,  together  with  a 
detailed  statement  of  the  debt  of  said  city,  of  the  purposes  for 
which  said  debt  had  been  incurred  and  of  the  property  of  said  city, 
and  of  the  accounts  of  said  city  with  grantees  of  franchises,  and 
also  a  statement  showing  all  franchises,  permits,  or  other  privileges 


30  PORTLAND  CITY  CHARTER 

then  in  effect,  and  the  purpose  for  which  the  same  were  granted  and 
the  names  of  the  present  owners  of  each  thereof. 

As  a  part  of  each  annual  statement  of  the  Auditor,  he  shall 
include  therein  an  inventory  of  all  public  property  of  the  city 
together  with  its  condition  and  approximate  value  and  shall  also 
Include  therein  a  summary  of  the  assets  and  liabilities  of  the  city. 

[Ch.   1903,   §273;  Am.  May  3,   1913,  §99.] 

Sec.  67 — Deputies  and  Clerks  : 

The  Auditor  may  appoint,  subject  to  the  Civil  Service  rules 
of  this  Charter,  one  chief  deputy  and  such  other  deputies  and  clerks 
as  the  Council  may  authorize.  Said  deputies  shall  have  power 
to  do  and  perform  any  act  or  duty  required  of  the  Auditor,  and 
the  Auditor  shall  be  responsible  for  their  conduct.  The  compen- 
sation to  be  paid  such  deputies  and  clerks  shall  be  determined  by 
the  Council. 

[Ch.  1903,  §271.] 

Sec.  68 — Authority  to  Administer  Oaths  : 

The  Auditor  and  each  of  his  deputies  is  authorized  to  admin- 
ister an  oath  and  certify  any  acknowledgment  authorized  or  required 
to  be  taken  by  any  city  ordinance  or  law  of  this  state  and  he  may 
require  any  person  presenting  for  settlement  an  account  or  claim 
of  any  kind  against  the  city  to  be  sworn  before  him  touching  such 
account  or  claim,  and  when  so  sworn  to  answer  orally  as  to  any 
facts  relative  to  the  merits  or  Justice  of  such  account  or  claim. 

[Ch.   1^03,   §272.] 

Sec.  69 — Accounts  to  be  Kept  and  Demands  Audited  : 

The  Auditor  shall  keep  an  account  of  all  moneys  paid  into 
and  out  of  the  treasury.  Any  ordinance  or  resolution  providing 
for  the  payment  of  any  demand  out  of  the  treasury,  whether  from 
public  funds  or  from  private  funds  deposited  therein,  shall  always 
be  construed  as  requiring  the  auditing  of  such  demand  by  the 
Auditor  before  the  same  be  paid. 

[Ch.    1903,    §274.] 

Sec.  70 — Record  of  Demands  : 

The  Auditor  shall  number  and  keep  an  official  record  of  all 
demands  audited  by  him,  showing  the  number,  date,  amount,  name 
of  the  original  holder,  and  against  what  appropriation  drawn  and 
out  of  what  fund  payable. 

[Ch.   1903,  §275.] 

Sec.  71 — ^Approval  of  Demands  : 

The  Auditor  shall  approve  no  demand  unless  the  same  has  been 
allowed  by  authority  of  the  Council. 

[Ch.  1903,  §276;  Am.  May  3,  1913,  §100.] 

Sec.  72 — Approval  of  Certain  Demands  Prohibited  :. 

No  demand  shall  be  allowed  by  the  Auditor  in  favor  of  any 
person  or  corporation  indebted  to  the  city  in  any  manner,  except 


GOVERNMENT  31 


for  assessments  or  taxes  not  delinquent,  without  first  deducting  the 
amount  of  any  indebtedness  then  due  of  which  he  has  notice,  nor 
in  favor  of  any  person  having  the  collection,  custody  or  disburse- 
ment of  public  funds,  unless  his  account  has  been  presented,  passed, 
approved  and  allowed  as  herein  required,  nor  in  favor  of  any  officer 
who  has  neglected  to  make  his  official  returns  or  reports  in  the 
manner  and  at  the  time  required  by  law,  ordinance,  or  the  regula- 
tion of  the  Council;  nor  in  favor  of  any  officer  who  has  neglected 
or  refused  to  comply  with  any  of  the  provisions  of  law  regulating 
his  duties;  nor  in  favor  of  any  officer  or  employe  for  the  time  he 
shall  have  absented  himself  without  legal  cause  or  duly  granted 
leave  of  absence  from  the  duties  of  his  office  during  office  hours, 
and  the  Auditor  must  always  examine  on  oath  any  person  receiving 
a  salary  from  the  city  touching  such  absences. 

[Ch.  1903,  §277;  Am.  May  3,  1913,  §101] 

Sec.  73 — Presentation  and  Allowance  of  Demands  : 

Every  demand  upon  the  Treasurer  except  the  salary  of  the 
Auditor  must  before  it  can  be  paid  be  presented  to  the  Auditor, 
who  shall  satisfy  himself  whether  the  money  is  legally  due,  and 
its  payment  authorized  by  law,  and  against  what  appropriation 
and  out  of  what  fund  it  is  payable.  If  he  allows  it  he  shall  endorse 
upon  it  the  word  "Allowed,"  with  the  name  of  the  fund  out  of 
which  it  is  payable  and  the  date  of  such  allowance,  and  sign  his 
name  thereto,  but  if  he  disallow  the  same  he  shall  endorse  upon  it 
the  word  '^Rejected."  No  demand  shall  be  approved,  allowed, 
audited  or  paid  unless  it  specify  each  several  item,  date  and  amount 
composing  it,  and  have  endorsed  thereon  the  legal  authority  for  its 
payment. 

[Ch.   1903,  §278.] 

Sec.  74 — Register  oe  Warrants — Preference  Not  Allowed  : 

The  Auditor  shall  keep  a  register  of  warrants,  showing  the 
funds  upon  which  they  are  drawn,  the  number,  in  whose  favor, 
for  what  service,  and  the  appropriation  applicable  to  the  payment 
thereof.  He  shall  not  allow  any  demand  out  of  its  order,  nor  give 
priority  to  one  demand  over  another  drawn  on  the  same  specific 
fund,  except  that  when  liability  for  any  claim  presented  is  not 
sufficiently  apparent  to  him,  he  may  delay  the  payment  thereof 
until  such  liability  shall  be  determined. 

[Ch.   1903,   §279.] 

Sec.  75 — Drawing  Warrants  : 

When  any  demand  has  been  duly  approved  and  audited,  the 
Mayor  and  Auditor  shall  draw  warrants  on  the  Treasurer  therefor. 
Such  warrants  must  be  drawn  on  the  fund  appropriated  therefor 
and  be  signed  by  the  Mayor  and  attested  by  the  Auditor;  but  no 
warrant,  except  such  as  are  issued  upon  funds  created  by  spedal 
assessments,  or  warrants  issued  in  settlement  of  judgments  of  the 
courts,  shall  be  drawn,  signed  by  the  Mayor  or  attested  by  the 


32  PORTLAND  CITY  CHARTER 

Auditor  until  the  money  for  the  payment  thereof  is  in  the  hands 
of  the  City  Treasurer  and  appropriated  to  the  payment  thereof  upon 
presentation  of  same. 

[Ch.    1903,   §280.] 

Sec.  76 — Issuance  of  Licenses: 

The  Auditor  must  issue  all  licenses  authorized  by  ordinance 
upon  the  delivery  to  him  of  the  receipt  of  the  Treasurer  for  the 
amount  of  money  required  for  such  license. 

[Ch.   1903,   §281.] 

Sec.  77 — Records  and  Files  or  Council  : 

As  Clerk  of  the  Council,  the  Auditor  shall  keep  a  correct 
journal  of  its  proceedings,  and  shall  file  and  keep  all  books,  papers, 
and  maps  connected  with  the  business  of  the  Council. 

[Ch.   1903,  §282.] 

Sec.  78 — Certified  Copies  of  Records  : 

The  Auditor  shall  make  certified  copies  of  any  papers  or  maps 
or  transcripts  of  any  records  kept  in  his  office  when  so  required, 
upon  the  payment  of  his  fees  therefor,  and  such  fees  shall  be  de- 
posited with  the  City  Treasurer  for  the  credit  of  the  general  fund. 
The  fees  charged  shall  be  the  same  as  those  provided  for  in  this 
Charter  or  by  ordinance,  and  no  charge  shall  be  made  for  any 
copies,  transcripts,  or  certificates  required  or  demanded  by  any 
official  or  board  when  such  are  needed  for  the  official  business  of  the 
city. 

[Ch.    1903,    §283.] 

Sec.  79 — Present  Ownership  Record  : 

The  Auditor  shall  keep  a  record  of  ownership  of  real  prop- 
erty within  the  limits  of  the  City  of  Portland,  and  correct  said 
record  as  changes  of  ownership  shall  be  recorded  in  the  office  of 
the  County  Clerk  for  the  County  of  Multnomah,  and  he  shall  also 
keep  a  record  of  all  property  owned  by  the  city  and  the  income 
derived  therefrom. 

[Ch.    1903,    §284.] 

Article  6 — Officers  and  Employes. 

Sec.  80 — Appointive  Officers  : 

As  soon  as  convenient  after  their  election  the  Council  shall, 
by  ordinance,  appoint  the  following  officers:  Treasurer,  City  En- 
gineer, City  Attorney  and  Municipal  Judge  and  Purchasing  Agent. 

[Am.  May  3,  1913,  §102.] 

Sec.  81 — Removal  and  Qualifications  : 

All  appointed  officers  shall  serve  during  the  pleasure  of  the 
Council.  All  may  be  removed  for  cause  at  any  time  by  a  majority 
vote  of  the  Council.  A  statement  of  reasons  for  the  removal  shall 
be  included  in  the  order,  and  the  officers  removed  shall  have  the 
right  to  make  a  counter  statement  in  writing,  which  shall  be  filed 
and  preserved  with  the  order  of  removal.     The  order  of  removal 


GOVERNMENT  33 


shall  not  be  reviewable.  Vacancies  in  any  of  such  offices  shall  be 
filled  by  the  Council.  The  Council  may  by  ordinance  impose  any 
duties  upon  any  officer  not  inconsistent  with  the  general  character 
of  such  office,  and  may  divide  or  consolidate  any  of  said  offices. « 
It  shall  also  fix  and  may  change  from  time  to  time  the  salary  of 
every  officer.  The  officers  named  in  this  section  shall  at  the  time 
of  their  appointment  be  citizens  of  the  United  States,  residents  and 
qualified  voters  of  the  City  of  Portland. 

The  Municipal  Judge  and  City  Attorney  shall  be  attorneys 
of  the  supreme  court  of  the  state  of  Oregon.  The  city  attorney 
may  have  one  or  more  deputies  with  same  qualifications  as  the 
City  Attorney,  to  be  appointed  by  him,  in  writing,  and  to  continue 
during  his  pleasure.  The  number  and  compensation  of  such  depii- 
ties  to  be  fixed  by  the  Coun<?il  and  shall  be  deemed  removed  on  the 
removal  or  resignation  of  the  City  Attorney. 

[Am.  May  3,  1913,  §103. 

Sec.  82 — Council  May  Create  or  Abolish  Offices  : 

The  Council  shall  have  the  power  by  ordinance  to  create  and 
abolish  all  such  subordinate  offices,  places  and  employments  in  the 
service  of  the  city  as  it  may  deem  necessary  for  efficient  and  eco- 
nomical administration.  Each  Commissioner  shall  appoint  and 
remove  the  incumbents  of  all  subordinate  offices  and  employments  in 
his  department,  subject  to  the  Civil  Service  Rules  of  this  Charter. 

[Am.  May  3.  1913,  §104.] 

Sec.  83 — Appointment  of  Experts  : 

The  Council  may  from  time  to  time  appoint  consulting  em- 
ployes to  perform  technical  or  scientific  services  whose  emplo}^- 
ment  shall  continue  only  so  long  as  the  particular  occasion  shall 
continue  and  who  shall  not  be  subject  to  the  Civil  Service  Rules 
of  this  Charter  and  of  whom  the  qualifications  elsewhere  pre- 
scribed in  this  Charter  shall  not  be  required. 

[Am.  May  3,  1913,  §105.] 

Sec.  84 — Official  Books  and  Records  : 

The  official  books  and  papers  of  all  the  officers  mentioned  in 
this  Charter  are  city  property,  and  must  be  kept  as  such  by  such 
officers  during  their  continuance  in  office  and  then  delivered  to 
their  successors;  and  such  books  and  papers  may  be  inspected  at 
any  time  by  any  member  of  the  Council,  by  the  Mayor  or  by  the 
public. 

[Ch.  1903,  §122.] 

Sec.  85 — Qualifications  for  All  Officials  : 

Xo  person  shall  at  any  time  hold  more  than  one  office  yielding 
pecuniary  compensation  under  this  Charter,  or  under  the  Mayor, 
Council,  or  any  of  the  departments  of  the  city.  All  municipal 
officials,  except  women,  shall  be  registered  voters  of  the  City  of 
Portland. 

[Ch.   1903,  §128.] 


34  PORTLAND  CITY  CHARTEE 

Sec.  86 — Additional  Bond  May  Be  Required  of  Officers  : 

When  under  any  of  the  provisions  of  this  Charter,  or  of  any 
ordinance,  an  official  undertaking  or  bond  shall  be  required  from 
•  an'  officer,  the  Council  may,  by  resolution,  require  an  additional 
undertaking,  or  bond,  whenever,  in  the  opinion  of  the  Council  such 
undertaking  or  bond  or  any  surety  thereto  becomes  insufficient; 
and  such  additional  undertaking  or  bond  shall  also  be  required 
when  a  surety  to  a  bond  shall  die  or  cease  to  be  a  resident  of  the  city. 

[Ch.   1903,  §130.] 

Sec.  87 — Requirements  of  Official  Bonds  : 

City  officers  shall  not  be  accepted  as  surety  for  each  other  on 
official  undertakings  or  bonds.  Every  such  undertaking  or  bond 
shall  contain  a  condition  that  the  principal  will  faithfully  perform 
all  official  duties  then  or  that  may  thereafter  be,  imposed  upon  or 
required  of  him  by  law,  ordinance  or  this  Charter,  and  at  the 
expiration  of  his  term,  of  office  he  will  surrender  to  his  successor 
all  property,  books,  papers,  and  documents  that  may  come  into  his 
possession  as  such  officer.  Such  bond  or  undertaking  when  it  is  not 
that  of  a  qualified  surety  company,  must  also  be  executed  by  two 
or  more  sureties  who  shall  each  justify  in  the  amount  required  for 
said  bond ;  but  when  the  amount  of  the  bond  or  undertaking  is  more 
than  five  thousand  dollars,  the  sureties  may  become  severally  liable 
for  portions  of  not  less  than  twenty-five  hundred  dollars.  When 
there  are  more  than  two  sureties,  such  sureties  may  justify  in  an 
amount  which  in  the  aggregate  shall  equal  double  the  amount  of 
said  bond. 

[Ch.    1903,  §131.] 

Sec.  88 — Requirements  of  Sureties  on  Official  Bonds  : 

Every  surety  upon;  an  official  undertaking  or  bond,  other  than 
lawfully  authorized  surety  companies,  must  make  an  affidavit,  which 
shall  be  endorsed  upon  such  undertaking  or  bond,  that  he  is  a  resi- 
dent and  freeholder  in  the  city,  and  worth  in  real  property  situated 
in  the  city,  exclusive  of  incumbrances  thereon,  double  the  amount 
of  his  undertaking  over  and  above  all  sums  for  which  he  is  already 
liable  or  in  any  manner  bound,  whether  as  a  principal,  indorser 
or  surety,  and  whether  such  prior  obligation  or  liability  be  condi- 
tional or  absolute',  liquidated,  or  unliquidated,  due  or  to  become 
due.  All  persons  ojffered  as  sureties  on  official  bonds  may  be  exam- 
ined on  oath  as  to  their  qualifications  by  the  officer  whose  duty  it 
is  to  approve  the  undertaking  or  bond.  All  bonds  and  undertakings 
provided  for  by  this  Charter  except  that  of  City  Treasurer,  may 
be  secured  by  individual  sureties. 

[Ch.  1903,  §132.] 

Sec.  89 — Liability  of  Superior  Officer  for  Acts  of  Subor- 
dinate : 
Every  officer  shall  be  liable  on  his  official  undertaking  or  bond 
for  the  acts  and  omissions  of  his  deputies,  assistants,  clerks  and  em- 


GOVERNMENT  35 


ployes,  appointed  by  him,  and  of  any  and  each  of  them,  and  every 
official  undertaking  or  bond  shall  contain  such  a  condition. 

[Ch.   1903,   §133.] 

Sec.  90 — Bonds  May  Be  Required  of  Subordinates  : 

Every  board,  department  or  officer  may  require  of  their  depu- 
ties, clerks  or  employes  bonds  of  indemnity  with  sufficient  sureties 
for  the  faithful  performance  of  their  duties,  the  penalties  in  which 
shall  be  prescribed  by  ordinance. 

[Ch.   1903,  §134.] 

Sec.  91 — Officers  and  Employes  Forbidden  Interest  In  City 
Contracts  : 

No  Councilman  or  other  officer  or  employe  of  the  city  shall  be 
or  become  directly  or  indirectly  interested  in  or  in  the  performance 
of  any  contract  for  the  supply  of  labor  or  material  to  the  city,  or 
in  the  sale  of  any  article,  the  price  or  consideration  of  which  is 
payable  from  the  city  treasury,  or  in  the  purchase  or  lease  of  any 
real  estate  or  other  property  belonging  or  to  be  taken  by  the  City, 
or  which  shall  be  sold  for  taxes  or  assessments  or  by  virtue  of  legal 
processes  at  the  suit  of  the  City.  And  in  case  any  officer  or  em- 
ploye of  the  City  shall  be  interested  personally  as  a  promoter  or 
stockholder  or  shareholder  in  any  firm  or  corporation  in  any  grant 
or  privilege  or  franchise  sought  by  himself  or  his  associates  or  such 
firm  or  corporation  from  the  City  of  Portland,  or  any  public  utility 
which  is  sought  to  be  acquired  or  duplicated  by  the  City  or  which 
is  offered  for  sale  or  lease  by  the  City,  such  officer  or  employe  shall 
be  incapacitated  to  take  any  part  in  the  negotiations  or  proceedings 
connected  with  the  giving  or  granting  of  such  grant,  privilege  or 
franchise,  but  all  such  negotiations  and  proceedings  and  acts  as 
would  otherwise  be  conducted  by  such  officer  or  employe  shall  be  con- 
ducted and  done  on  behalf  of  the  City  of  Portland  by  such  officer 
and  employe  as  would  have  done  and  conducted  the  same  in  the 
absence  of  such  interested  officer  and  employe. 

If  any  officer  or  person  in  this  section  designated  shall  vio- 
late the  provisions  of  this  section  he  shall  forfeit  his  office  and 
all  such  contracts,  grants,  privileges  and  franchises  in  the  hands 
of  others  than  a  purchaser  without  notice  for  value  shall  be  void. 

[Ch.    1903.    §135.] 

Sec.  92 — Books  and  Records  Inspection;  Certified  Copies: 

All  books  and  records  of  every  office  and  department  shall  be 
open  to  the  inspection  of  any  citizen  at  any  time  during  business 
hours.  Certified  copies  or  extracts  from  said  books  and  records 
shall  be  given  by  the  officer  having  the  same  in  custody  to  any 
person  demanding  the  same,  and  paying  or  tendering  ten  cents  a 
folio  of  one  hundred  words  for  such  copies  or  extracts;  but  the 
record  of  the  Police  Department  shall  not  be  subject  to  such  in- 
spection unless  permission  be  given  by  the  Executive  Board.* 

[Ch.  1903,  §137.] 
*See   §§16-17. 


36 PORTLAND  CITY  CHARTER 

Sec.  93 — Appointments — How  Made  and  Filed  : 

All  appointments  of  officers,  deputies  and  clerks  to  be  made 
under  any  provision  of  this  Charter  must  be  made  in  writing  and 
in  duplicate,  authenticated  by  the  person  or  persons,  board  or 
officer  making  the  same.  One  of  such  duplicates  must  be  filed  with 
the  Secretary  of  the  Civil  Service  Board  and  the  other  with  the 
Auditor. 

[Ch.    1903,   §138.] 

Sec.  94 — Salaries  to  Be  Full  Compensation  : 

The  salaries  provided  in  this  Charter  shall  be  in  full  com- 
pensation for  all  services  rendered,  and  excepting  such  salaries, 
every  officer  shall  pay  all  moneys  coming  into  his  hands  as  such 
officer,  no  matter  from  what  source  derived  or  received,  into  the 
treasury  of  the  City  within  twenty-four  hours  after  receipt  of  the 
same. 

[Ch.   1903,  §139.] 

Sec.  95 — Officers  Forbidden  to  Favor  Bidders  on  Contracts  : 
Any  officer  of  the  City,  or  of  any  department  thereof,  who 
shall  aid  or  assist  a  bidder  in  securing  a  contract  to  furnish  labor, 
material  or  supplies,  at  a  higher  price  or  rate  than  that  proposed 
by  any  other  bidder,  or  who  shall  favor  one  bidder  over  another, 
by  giving  or  withholding  information,  or  who  shall  wilfully  mis- 
lead any  bidder  in  regard  to  the  character  of  the  material  or  sup- 
plies called  for,  or  who  shall  knowingly  accept  materials  or  supplies 
of  a  quality  inferior  to  that  called  for  by  the  contract,  or  who'  shall 
knowingly  certify  to  a  greater  amount  of  labor  performed  than  has 
been  actually  performed,  or  to  the  receipt  of  a  greater  amount  or 
different  kinds  of  material  or  supplies  than  has  been  actually  re- 
ceived, shall  be  deemed  guilty  of  malfeasance  and  shall  be  removed 
from  office. 

[Ch.  1903,  §140.] 

Sec.  96 — Officers  to  Devote  Entire  Time  to  CiTY  Business  : 

All  officers  and  employes  receiving  pay  from  this  City  shall 
devote  their  entire  time  during  business  hours  to  the  interest  of  the 
City,  except  when  excused  as  in  this  Charter  provided. 

[Ch.  1903,  §142;  Am.  May  3,  1913,  §94.] 


CIVIL  SERVICE  37 


CHAPTER  IV.    CIVIL  SERVICE. 

Sec.  97 — Rules — To  Whom  Applied — Exceptions: 

All  appointments  to  and  promotions  in  the  subordinate  ad- 
ministrative service  of  the  City  shall  be  made  solely  according  to 
fitness,  which  shall  be  ascertained  by  open  competitive  examina- 
tion, and  merit  and  fidelity  in  service,  as  provided  for  in  this 
Article.    The  provisions  of  this  Article  shall  apply  to  the  incumbents 
of  all  offices,  places  and  employments  in  the  public  service  of  the 
^     City  except  the  following:     All  officers  chosen  by  popular  election 
J\     or  by  appointment  by  the  Council,  the  members  of  all  boards  and 
•     commissions,  the  judges  and  clerks  of  elections,  the  deputies  of  the 
City  Attorney,  the  chief  deputy  of  the  City  Treasurer,  the  City 
Engineer,  the  Chief  of  Police  Department,  the  Superintendent  and 
the  Chief  Engineer  of  the  Water  Department  and  the  Secretary 
of  the  Civil  Service  Board,  the  Mayor's  Secretary,  the  members  of 
the  Health  Department  and  the  Librarian. 

[Ch.  1903,  §306.] 

Sec.  98 — Civil  Service  Board — Appointment^ — Qualifications  : 
The  Civil  Service  Board  shall  consist  of  three  Commissioners. 
Within  30  days  after  the  taking  effect  of  this  Charter,  the  Mayor 
shall  appoint,  as  such  Commissioners,  three  persons,  known  to  him 
to  be  devoted  to  the  principles  of  Civil  Service  Reform,  one  of 
whom  shall  serve  for  two  years,  one  for  four  years  and  one  for  six 
years;  and  between  the  first  and  tenth  days  of  July  in  1905  and 
each  second  year  thereafter,  the  Mayor  shall,  in  like  manner,  ap- 
point one  person,  as  the  successor  of  the  Commissioner  whose  term 
of  office  expires  in  that  year,  to  serve  as  such  Commissioner  for 
six  years.  The  Mayor  may  remove  any  Commissioner  at  any  time. 
In  the  event  of  any  such  removal,  the  Mayor  shall,  within  five  days 
thereafter,  transmit  to  the  Council  a  written  report  thereof  and 
of  his  reasons  therefor,  and  the  Council  shall  forthwith  appoint 
another  person  to  fill  the  vacancy.  Vacancies  arising  from  any 
other  cause  shall  be  filled  by  appointment  by  the  Mayor.  All  ap- 
pointments to  fill  vacancies  shall  be  for  the  unexpired  term.  No 
person  shall  be  appointed  as  a  Commissioner  unless  he  shall  have 
been  a  resident  of  the  City  three  years  immediately  preceding  his 
appointment.  The  Commissioners  shall  receive  no  salary  or  com- 
pensation for  their  services. 

[Ch.   1903,   §307.] 

Sec.  99 — ^Secretary — Appointment — Duties  : 

The  Board  shall  appoint  a  secretary,  who  shall  keep  records 
of  its  proceedings,  preserve  all  reports  made  to  it,  superintend  and 
keep  a  record  of  all  examinations  held  under  its  direction,  and  per- 
form such  other  duties  as  it  may  prescribe.  Such  secretary  shall 
hold  office  during  the  pleasure  of  the  Board.  His  salary  shall  be 
fixed  by  the  Council,  and  shall  be  not  less  than  $100.00  per  month. 


38  PORTLAND  CITY  CHARTER 

At  the  request  of  the  Board,  the  Council  shall,  if  practicable, 
devolve  the  duties  of  such  secretary  upon  the  Auditor,  who  shall 
receive  no  extra  or  additional  compensation  for  his  services  as  such 
secretary. 

[Ch.  1903,  §308;  Am.  May  3,  1913,  §308.] 

Sec.  100 — Board  to  Classify  Service:- 

The  Board  shall  classify,  with  reference  to  the  examinations 
hereinafter  provided  for,  all  the  offices,  places  and  employments  in 
the  public  service  of  the  City  to  which  the  provisions  of  this 
Article  are  applicable.  Such  classification  shall  be  based  upon  the 
respective  functions  of  said  offices,  places  and  employments,  and 
the  compensation  attached  thereto,  and  shall  be  arranged  so  as  to 
permit  the  grading  of  offices,  places  and  employments  of  like  char- 
acter in  groups  and  subdivisions.  The  offices  places  and  em- 
ployments so  classified  shall  constitute  the  classified  Civil  Service 
of  the  City ;  and  after  the  taking  effect  of  this  Charter,  no  appoint- 
ment or  promotion  to  any  such  office,  place  or  position  shall  be 
made  except  in  the  manner  provided  in  this  Article. 

[Ch.    1903,   §309.] 

Sec.  101 — Board  to  Make  and  Publish  Rules  and  Keep  Rec- 
ords: 
The  Board  shall  make  rules  to  carry  out  the  purposes  and  pro- 
visions of  this  Article,  which  rules  shall  provide,  in  detail,  the  man- 
ner in  which  examinations  shall  be  held,  and  appointments,  promo- 
tions and  removals  made  in  pursuance  thereof;  and  the  Board 
may,  from  time  to  time,  change  its  rules.  Such  rules,  and  all 
changes  therein,  shall  be  forthwith  printed  for  distribution  by  the 
Board,  and  the  Board  shall,  not  less  than  ten  days  before  the  same 
go  into  effect,  give  notice,  by  publication  in  the  City  Official  News- 
paper, of  the  place  where  printed  copies  of  said  rules,  or  changes 
therein,  may  be  obtained.  The  Board  shall  keep  on  file  all  exam- 
ination papers  and  the  markings  thereof,  and  all  other  papers, 
documents  and  communications  received  by  them;  and  all  reecords 
and  files  of  the  Board  shall  be  public  and  accessible  at  convenient 
times,  as  other  public  records  and  documents;  but  examination 
papers  and  markings  need  not  be  preserved  more  than  five  years. 

[Ch.  1903,  §310.] 

Sec.  102 — Examinations  : 

The  Board  shall,  from  time  to  time,  hold  public  competitive 
examinations  to  ascertain  the  fitness  of  applicants  for  all  offices, 
places  and  employments  in  the  classified  civil  service.  Said  exam- 
inations shall  be  confined  to  citizens  of  the  United  States  who  can 
read  and  write  the  English  language,  and  shall  be  open  to  all  such 
citizens  who  possess  such  qualifications  as  tO'  residence,  age,  health, 
habits  and  moral  character  as  may,  by  rule,  be  prescribed  by  the 
Board.  N'otice  of  the  time,  place  and  general  scope  of  every  exam- 
ination shall  be  given  by  the  Board  by  publication  in  the  City 


OIVIL  SERVICE  39 


Official  Newspaper  once  each  week  for  two  successive  weeks  and 
by  posting  such  notice  in  a  conspicuous  place  in  the  office  of  the 
Board  for  not  less  than  two  weeks  preceding  the  examination.  Such 
examinations  shall  be  practical  in  their  character,  and  shall  relate 
only  to  those  matters  which  may  fairly  test  the  relative  fitness  of 
the  persons  examined  to  discharge  the  duties  of  the  positions  for 
which  they  are  applicants,  and  shall  include,  when  appropriate, 
tests  of  health  and  physical  qualifications  and  of  manual,  clerical 
or  professional  skill.  No  question  in  any  examination  shall  relate 
to  political  or  religious  opinions,  affiliations  or  services.  The  Board 
shall  control  all  examinations  and  shall  designate  the  persons  who 
shall  act  as  examiners  at  any  examination.  When  a  person  in  the 
official  service  of  the  city  is  designated  by  the  Board,  he  shall,  with- 
out being  entitled  to  extra  compensation  therefor,  act  as  such  exam- 
iner. Any  Commissioner  may  act  as  an  examiner.  No  examiner 
shall  receive  any  compensation  for  his  services  as  such. 

[Ch.  1903,  §311.] 

Sec.  103 — Record  of  Positions  and  Applicants  : 

The  Board  shall  prepare  and  keep  a  register  for  each  grade  or 
class  of  positions  in  the  classified  civil  service  of  the  persons  whose 
general  average  standing  upon  examination  for  such  grade  or  class 
is  not  less  than  the  minimum  fixed  by  the  rules  of  the  Board,  and 
who  are  otherwise  eligible.  Such  persons  shall  take  rank  upon 
such  register  as  candidates  in  the  order  of  their  relative  excellence, 
as  determined  by  examination,  without  reference  to  priority  of 
time  of  examination.  Candidates  of  equal  standing  shall  take  rank 
upon  the  register  according  to  the  order  in  which  their  applications 
were  filed.  The  Bk)ard  may,  by  rule,  provide  for  striking  candidates 
from  the  register  after  they  have  remained  thereon  for  a  specified 
time,  and  may  limit  the  number  of  times  the  same  candidate  shall 
be  certified  to  the  appointing  authority. 

[Ch.  1903,  §312.] 

Sec.  104 — Vacancies,  How  Filled;  Reappointment  of  Em- 
ployes : 
Whenever  there  shall  be  a  vacancy  in  any  position  in  the  classi- 
fied civil  service,  the  appointing  authority  shall  immediately  notify 
the  Board  thereof.  The  Board  shall  thereupon  certify  to  such  ap- 
pointing authority  the  names  and  addresses  of  the  three  eligible 
candidates  standing  highest  upon  the  register  for  the  class  or  grade 
to  which  such  position  belongs,  but,  if  there  be  less  than  three,  the 
Board  shall  so  certify  all  such  candidates  upon  the  register.  When 
vacancies  exist  in  two  or  more  positions  of  the  same  class  in  the 
same  department  at  the  same  time,  the  Board  may  certify  a  less 
number  than  three  candidates  for  each  position,  but  those  certified 
must  be  the  eligible  candidates  standing  highest  upon  the  register. 
The  appointing  authority  may  require  the  candidates  so  certified 
to  come  before  him,  and  shall  be  entitled  to  inspect  their  examina- 


40  POETLAND  CITY  CHARTER 

tion  papers.  The  appointing  authority  shall  appoint  to  each  vacant 
position,  on  probation  for  a  period  to  be  fixed  by  the  rules,  one  of 
the  candidates  so  certified.  Within  such  period,  the  appointing 
authority  may  discharge  such  probationer,  and,  in  like  manner, 
appoint  another  of  such  candidates,  and  so  continue  until  all  said 
candidates  have  been  so  appointed;  but  the  appointing  authority 
must  make  permanent  appoantment  from  said  list  of  candidates 
unless,  upon  reasons  assigned  in  writing  by  the  appointing  author- 
ity, the  Board  consents  to  and  does  certify  a  new  list  of  candidates. 
If  any  probationer  is  not  discharged  within  the  period  of  probation, 
his  appointment  shall  be  deemed  permanent.  Any  person  who  has 
been  employed  in  any  one  department  of  the  public  service  of  the 
city  for  the  six  years  immediately  preceding  the  taking  effect  of  this 
Charter,  shall,  upon  making  satisfactory  proof  of  such  employ- 
ment to  the  Board,  within  thirty  days  after  its  appointment,  pro- 
vided the  position  which  he  occupies  at  the  time  this  Charter  goes 
into  effect  is  included  in  the  classified  civil  service,  be  certified  by 
the  Board  to  the  appointing  authority  for  that  position  as  entitled 
to  appointment,  and  such  appointing  authority  shall  forthwith 
appoint  said  person  to  such  position.  The  appointing  authority 
shall  immediately  notify  the  Commission  of  any  appointment  or 
discharge. 

[Ch.  1903,  §313.] 

Sec.  105 — ^Temporary  Appointments  : 

In  the  absence  and  pending  the  preparation  of  an  appropriate 
eligible  list  from  which  appointments  can  be  made,  or  in  extra- 
ordinary emergencies  to  prevent  delay  or  injury  to  the  public  busi- 
ness, any  office,  place  or  employment  in  the  classified  civil  service 
may  be  filled  temporarily  by  the  appointing  authority,  but  not  for 
longer  than  thirty  days. 

[Ch.  1903,  §314.] 

Sec.  106 — Resteictions  on  Appointments  : 

No  person  shall  be  appointed  or  employed  under  any  title  not 
appropriate  to  the  -duties  to  be  performed,  and  no  person  shall, 
without  exajnination,  be  transferred  to  or  assigned  to  perform  the 
duties  of  any  position  in  the  classified  civil  service  unless  he  shall 
have  been  appointed  to  the  position  from  which  such  transfer  is 
made  as  the  result  of  an  open  competitive  examination  equivalent  to 
that  required  for  the  position  to  which  the  transfer  is  made,  or  unless 
he  shall  have  served  with  fidelity  for  at  least  six  years  in  a  like 
position  in  the  service  of  the  city.  No  person  habitually  using 
intoxicating  beverages  to  excess  shall  be  appointed  to  or  retained 
in  any  office,  place  or  employment  in  the  classified  civil  service. 

[Ch.  1903,  §315.] 

Sec.  107 — Promotions: 

The  Board  shall,  by  its  rules,  provide  for  promotions  in  the 
classified  service,  on  the  basis  of  ascertained  merit  and  senioritv 


CIVIL  SERVICE  41 


in  service,  and  standing  upon  examination,  and  shall  provide  that 
in  all  cases  where  practicable,  vacancies  shall  be  filled  by  promo- 
tion. All  examinations  for  promotions  shall  be  competitive  among 
such  members  of  the  lower  ranks  established  by  the  Board  for  each 
department  as  desire  to  submit  themselves  to  such  examination ;  and 
the  Board  shall  submit  to  the  appointing  authority  the  names 
of  not  more  than  three  applicants,  having  the  highest  rating,  for 
each  promotion ;  and  the  promotion  shall  thereupon  be  made  as  in 
case  of  original  appointments.  The  method  of  examining  and  the 
rules  governing  the  same  and  the  method  of  certifying  shall  be  the 
same,  as  near  as  may  be,  as  provided  for  applicants  for  original  ap- 
pointment. But  the  Board  may  by  its  rules  prescribe  the  weight  to 
be  given  to  the  recommendation  of  the  head  of  the  department  in 
which  the  candidate  for  promotion  has  served ;  and  where  record  of 
fidelity  and  efficiency  of  employes  is  regularly  kept  in  good  faith 
in  any  department  the  Board  shall  give  the  same  at  least  equal 
value  with  the  record  on  examination  for  promotion. 

[Ch.  1903,  §316.] 

Sec.  108 — Removals — Investigations  : 

N"o  employe  in  the  classified  civil  service  who  shall  have  been 
permanently  appointed  under  the  provisions  of  this  article  shall 
be  removed  or  discharged  except  for  cause,  a  written  statement  of 
which,  in  general  terms,  shall  be  served  upon  him  and  a  duplicate 
filed  with  the  Board.  Such  removal  or  discharge  may  be  made  with- 
out any  trial  or  hearing.  Any  employe  so  removed  may  within 
ten  days  from  his  removal  file  with  the  Board  a  written  demand  for 
investigation.  If  such  demand  shall  allege,  or  if  it  shall  other- 
wise appear  to  the  Board  that  the  discharge  or  removal  was  for 
political  or  religious  reasons,  or  was  not  in  good  faith,  for  the 
purpose  of  improving  the  public  service  the  matter  shall  forth- 
with be  investigated  by  or  before  the  Board,  or  by  or  before 
some  officer  or  board  appointed  by  the  Board  to  conduct  such  in- 
vestigation. The  investigation  shall  be  confined  to  the  determina- 
tion of  the  question  of  whether  such  removal  or  discharge  was  or 
was  not  for  political  or  religious  reasons,  or  was  or  was  not  made 
in  good  faith  for  the  purpose  of  improving  the  public  service.  The 
burden  of  proof  shall  be  upon  the  discharged  employe.  On  such 
grounds  the  Board  may  find  that  the  employe  so  removed  is  entitled 
to  reinstatement  upon  such  conditions  or  terms  as  may  be  im- 
posed, by  the  Board,  or  may  affirm  his  removal.  The  findings  of  the 
Board,  or  such  officer  or  Board,  when  approved  by  the  Board,  shall 
be  certified  to  the  appointing  officer  and  shall  be  forthwith  enforced 
by  such  officer. 

[Ch.  1903,  part  of  §317;  Am.  June  7,  1909,  part  of  §317;  Am.  May  3,  1913, 
part  of  §317.] 
*See  §222. 

*Sec.  109 — Suspensions — Reduction  of  Force: 

Any  appointing  authority  may  suspend  a  subordinate  for  a 


42 PORTLA^'D  CITY  CHx^RTER 

reasonable  period  not  exceeding  thirty  days,  but  such  suspension 
if  occurring  more  than  once  a  year  shall  be  deemed  a  removal  and 
subject  to  investigation  in  like  manner.  But,  if  at  any  time  the 
Council  or  other  city  authority  shall  abolish  any  office  or  employ- 
ment, or  reduce  the  number  of  employes,  discharges  shall  be  made 
in  the  inverse  order  of  appointment,  and  if  such  offices  or  places  shall 
again  be  created  or  reinstated  the  employes  so  removed  (except 
as  to  emergency  employes)  shall  have  preference  for  reappoint- 
ment in  the  order  of  their  discharge. 

[Ch.  1903,  part  of  §317;  Am.  June  7,  1909,  part  of  §317;  Am.  May  3,  1913, 
part  of  §317.] 
♦See  §222. 

Sec.  110 — Hold-over  Employes  : 

The  present  incumbents  of  all  offices,  places,  and  employments 
under  the  civil  service  rules  shall  continue  to  hold  their  respective 
places,  subject  to  the  provisions  of  this  Article. 

[Ch.  1903,  §317;  Am.  June  7,  1909,  part  of  §317;  Am.  May  3,  1913, part  of 
§317.] 

Sec.  Ill — Annual  Eeport  : 

The  Board  shall,  on  or  before  the  first  day  of  January  of 
each  year,  make  to  the  Mayor  for  transmission  to  the  Council  a 
report  showing  its  own  actions,  the  rules  in  force,  the  practical 
effect  thereof,  and  any  suggestions  it  may  approve  for  the  more 
effectual  accomplishment  of  the  purposes  of  this  article.  The 
Mayor  may  require  a  report  from  the  Board  at  any  reasonable  time. 

[Ch.  1903,  part  of  §317;  Am.  June  7,  1909,  part  of  §317;  Am.  May  3,  1913, 
part  of  §317.] 

Sec.  112 — Council  to  Provide  Offices  : 

The  Council  shall  furnish  the  Board  with  suitable  offices,  office 
furniture,  books,  stationery,  blanks,  heat  and  light  and  shall  pro- 
vide for  the  payment  of  such  other  expenses  as  may  necessarily 
be  incurred  in  carrying  out  the  provisions  of  this  Article. 

[Ch.    1903,    §318.] 

Sec.  113 — Eoster  of  Employes  ;  GtENeral  Pro^^sions  : 

It  shall  be  the  duty  of  said  Civil  Service  Board  to  prepare, 
continue,  and  keep  in  their  office  a  complete  roster  of  all.  persons 
in  the  classified  Civil  Service  of  the  City.  This  roster  shall  be 
open  for  inspection  at  all  reasonable  hours.  It  shall  show  in  refer- 
ence to  each  of  said  persons  his  name,  the  date  of  appointment  to 
or  employment  in  such  service,  his  compensation,  the  title  of  the 
place  or  office  he  holds,  the  nature  of  the  duties  thereof  and  the 
date  of  any  termination  of  such  service.  It  shall  be  the  duty  of 
all  officers  and  employes  of  the  City  to  give  to  the  Board  all  the 
information  which  may  be  reasonably  requested,  or  which  the  regu- 
lations established  by  the  Board  may  require,  in  aid  of  the  prep- 
aration or  continuance  of  said  roster,  and,  so  far  as  practicable,  it 
shall  indicate  whether  any  and  what  persons  are  holding  any  and 
what  offices  or  places  aforesaid  in  violation  of  this  Article  or  of 


CIVIL  SERVICE  43 


any  regulations  made  thereunder.  Said  Civil  Service  Board  shall 
have  access  to  all  public  records  and  papers,  the  examination  of 
which  will  aid  in  the  discharge  of  their  duties  in  connection  with 
said  roster.  It  shall  be  the  duty  of  said  Board  to  certify  to  the 
Auditor  the  name  of  each  person  appointed  or  employed  in  the 
classified  Civil  Service  stating  in  each  case  the  title  or  character 
of  the  office  or  employment,  the  date  of  the  commencement  of 
service  by  virtue  thereof,  and  the  salary  or  other  compensation 
paid,  and,  also,  as  far  as  practicable,  the  name  of  each  person  em- 
ployed in  violation  of  this  act  or  of  the  regulations  established 
thereunder,  and  to  certify  to  the  said  Auditor  in  like  manner  every 
change  occurring  in  any  office  or  employment  of  the  classified  civil 
service  forthwith  on  the  occurrence  of  the  change.  No  officer  or 
employe  of  the  city  shall  draw,  sign,  countersign,  or  issue  any 
warrant  or  order  for  the  payment  of,  or  pay  any  salary  or  com- 
pensation to  any  person  in  the  classified  civil  service  who  is  not 
certified  by  the  Board  to  the  Auditor  as  having  been  appointed  or 
employed  in  pursuance  of  this  Article  and  of  the  regulations  in 
force  thereunder.  Any  person  entitled  to  be  certified  as  aforesaid 
may  maintain  a  proceeding  by  mandamus  to  compel  the  issuance  of 
such  certificate.  Any  sums  paid  contrary  to  the  provisions  of  this 
section  may  be  recovered  in  an  action  in  the  name  of  the  City  from 
any  officer  or  employe  of  the  city  paying  the  same,  or  from  any 
officer  signing,  countersigning,  drawing  or  issuing  or  authorizing 
the  drawing,  signing,  countersigning  or  issuing  of  any  warrant  or 
order  for  the  payment  thereof,  and  from  the  sureties  on  his  official 
bond.  All  money  recovered  in  any  such  action  must,  when  col- 
lected, after  paying  all  the  expenses  of  such  action,  be  paid  into 
the  City  Treasury. 

[Ch.   1903,  §319.] 

Sec.  114 — ^Investigations  : 

The  said  Commissioners  may  make  investigations  concerning 
the  facts  in  respect  to  the  execution  of  the  provisions  of  this  Article, 
and  of  the  regulations  established  under  its  authority.  In  the 
course  of  any  investigation  made  by  the  Board  under  the  pro- 
visions of  this  Article  each  Commissioner  and  the  secretary  shall 
have  the  power  to  administer  oaths.  Said  Board  shall  have  the 
power,  for  the  purpose  of  this  Article,  to  examine  into  books  and 
records,  compel  the  production  of  books,  papers,  records  or  docu- 
ments, subpoena  witnesses,  and  compel  their  attendance  and  exam- 
ination, as  though  such  subpoena  had  issued  from  a  court  of  record  of 
this  state ;  and  all  officers  and  employes  of  the  City  shall  afford  the 
said  Board  all  reasonable  facilities  in  conducting  any  investigations 
authorized  by  this  Article,  and  give  inspection  to  said  Board  of  all 
books,  papers  and  documents  belonging  or  in  any  wise  appertaining 
to  any  offices  or  departments  of  the  City;  and,  also,  shall  produce 
said  books  and  papers,  and  shall  attend  and  testify  when  required 


44  PORTLAND  CITY  CHARTEE 

to  do  so  by  said  Commissioners  without  receiving  any  extra  or 
special  compensation  therefor.  Wilful  false  swearing  in  such  in- 
vestigations and  examinations  shall  be  perjury  and  punishable 
as  such. 

[Ch.   1903,  §320.] 

Sec.  115 — Misdemeanors  of  Commissionees  : 

Any  Commissioner,  examiner,  or  any  other  person  who  shall 
wilfully  or  corruptly,  by  himself  or  in  co-operation  with  one  or 
more  persons,  defeat,  deceive  or  obstruct  any  person  in  respect  to 
his  or  her  right  to  examination  or  registration  according  to  the 
regulations  prescribed  pursuant  to  the  provisions  of  this  Article,  or 
who  shall,  wilfully  or  corruptly,  falsely  mark,  grade,  estimate  or 
report  upon  the  examination  or  proper  standing  of  any  person 
examined,  registered  or  certified  according  to  any  regulation  pre- 
scribed pursuant  to  the  provisions  of  this  Article,  or  aid  in  so 
doing  or  shall  wilfully  or  corruptly  make  any  false  representations 
concerning  the  same,  or  concerning  the  persons  examined  regis- 
tered or  certified,  or  who  shall  wilfully  or  corruptly  furnish  to  any 
person  any  special  or  secret  information  for  the  purpose  either  of 
improving  or  injuring  the  prospects  or  chances  of  any  person  so 
examined,  registered  or  certified,  or  to  be  examined,  registered,  or 
certified,  or  who  shall  personate  any  other  person^  or  permit  or  aid 
in  any  manner  any  other  person  to  personate  him,  in  connection 
with  any  examination  or  registration  or  application,  or  request  to 
be  examined  or  registered,  shall  for  each  offense  be  deemed  guilty 
of  a  misdemeanor. 

[Ch.    1903,   §321.] 

Sec.  116 — Political  Assessments  Prohibited: 

No  person  in  the  National  public  service  or  the  public  service 
of  the  State  or  any  civil  division  thereof,  including  counties,  cities, 
towns,  shall  directly  or  indirectly  use  his  authority  or  official  in- 
fluence to  compel  or  induce  any  person  in  the  public  service  of  the 
City  to  pay  or  to  promise  to  pay  any  political  assessment,  subscrip- 
tion or  contribution.  Every  person  who  may  have  charge  or  con- 
trol in  any  building,  office  or  room,  occupied  for  any  purpose  of 
said  public  service  of  the  City  is  hereby  authorized  to  prohibit  the 
entry  of  any  person  into  the  same  for  the  purpose  of  therein  mak- 
ing, collecting,  receiving  or  giving  notice  of  any  political  assess- 
ment, subscription  or  contribution,  and  no  person  shall  enter  or 
remain  in  any  said  office,  building  or  room,  or  send  or  direct  any 
letter  or  other  writing  thereto  for  the  purpose  of  giving  notice  of, 
demanding  or  collecting,  nor  shall  any  person  therein  give  notice 
of,  demand,  collect  or  receive  any  such  assessment,  subscription  or 
contribution;  and  no  person  shall  prepare  or  make  out,  or  take 
part  in  the  preparing  or  making  out  of  any  political  assessment, 
subscription  or  contribution  with  the  intent  that  the  same  shall  be 
sent  or  presented  to  or  collected  from  any  person  in  the  public 


CIVIL  SEEVICE  45 


service  of  the  City,  and  no  person  shall  knowingly  send  or  present 
any  political  assessment,  subscription  or  contribution  to  or  request 
its  payment  by  any  person  in  said  public  service. 

Any  person  who  shall  be  guilty  of  violating  any  provision  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

[Ch.    1903,    §322.] 

Sec.  117 — Bribery — 'Tublic  Officer/'  'Tublic  Employe"'  De- 
fined : 
Whoever,  being  a  public  officer  or  being  in  nomination  for,  or 
while  seeking  a  nomination  or  appointment  for,  any  public  office, 
shall  use,  or  promise  to  use,  whether  directly  or  indirectly,  any 
official  authority  or  influence  (whether  then  possessed  or  merely 
anticipated)  in  the  way  of  conferring  upon  any  person,  or  in  order 
to  secure  or  aid  any  person  to  secure  any  office  or  appointment  in 
the  public  service,  or  any  nomination,  confirmation  or  promotion, 
or  increase  of  salary  on  consideration  that  the  vote,  political  influ- 
ence or  action  of  the  last-named  person  or  any  other  shall  be  given 
or  used  in  behalf  of  any  candidate,  officer  or  political  party  or  asso- 
ciation, or  upon  any  other  corrupt  condition  or  consideration,  shall 
be  deemed  guilty  of  bribery  or  an  attempt  at  bribery.  And  who- 
ever, being  a  public  officer  or  employe,  or  having  or  claiming  to 
have  any  authority  or  influence  for  or  affecting  the  nomination, 
public  employment,  confirmation,  promotion,  removal  or  increase 
or  decrease  of  salary  of  any  public  officer  or  employe,  shall  cor- 
ruptly use,  or  promise  or  threaten  to  use,  any  such  authority  or 
influence,  directly  or  indirectly,  in  order  to  coerce  or  persuade  the 
political  vote  or  action  of  any  citizen,  or  the  removal,  discharge 
or  promotion  of  any  public  officer  or  public  employe,  or  upon  any 
corrupt  consideration,  shall  also  be  guilty  of  bribery,  or  an  attempt 
of  bribery.  And  every  person  found  guilty  of  such  bribery,  or  an 
attempt  to  commit  the  same,  as  aforesaid,  shall,  upon  conviction 
thereof,  be  liable  to  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  one  thousand  dollars,  or  to  be  imprisoned 
not  less  than  ten  days  or  more  than  two  years,  or  to  both  said  fine 
and  said  imprisonment,  in  the  discretion  of  the  court.  If  the  per- 
son convicted  be  a  public  officer  he  shall,  in  addition  to  any  other 
punishment  imposed,  be  deprived  of  his  office  and  be  ineligible  to 
any  public  office  or  employment  for  ten  years  thereafter.  The 
phrase  "public  officer"  shall  be  held  to  include  all  public  officials 
within  this  city,  whether  paid  directly  or  indirectly  from  the  public 
treasury  of  the  state  or  of  the  United  States,  or  from  that  of  any 
civil  division  thereof,  including  counties,  cities,  and  towns  and 
whether  by  fees  or  otherwise;  and  the  phrase  "public  employes" 
shall  be  held  to  include  every  person  not  being  an  officer  who  is 
paid  from  any  said  treasury. 

[Ch.  1903,  §323.] 


46  POETLA^D  CITY  CHARTER 

Sec.  118 — Recommendations  oe  Applicants  : 

ISTo  recomme'iidatioii  in  favor  of  any  person  who  shall  apply 
for  office  or  place,  or  for  examination  or  registration  under  the 
provisions  of  this  Article  or  the  regulations  established  under  the 
authority  thereof,  except  as  to  residence  and  as  to  character,  and 
in  the  case  of  former  employes  as  to  abilities,  when  said  recom- 
mendation as  to  character  and  abilities  is  specifically  required  by  said 
regulations,  shall  be  given  to  or  considered  by  any  person  concerned 
in  making  any  examination,  registration,  appointment  or  promo- 
tion under  this  Article  or  under  the  regulations  established  under 
the  authority  thereof.  No  recommendation  under  the  authority  of 
this  Article  shall  relate  to  the  religious  or  political  opinions  or 
affiliations  of  any  person  whomsoever. 

[Ch.  1903,  §324.] 

Sec.  119 — Political  Services  Disregarded  : 

No  person  in  the  service  of  the  City  is  for  that  reason  under 
any  obligation  to  contribute  to  any  political  fund  or  to  render  any 
political  service,  and  no  person  shall  be  removed,  reduced  in  grade 
or  salary,  or  otherwise  prejudiced  for  refusing  to  do  so.  No  person 
in  the  service  of  the  City  shall  discharge  or  promote,  or  degrade, 
or  in  any  manner  change  the  official  rank  or  compensation  of  any 
other  person  in  said  service,  or  promise  or  threaten  to  do  so  for  giv- 
ing or  withholding  or  neglecting  to  make  any  contribution  of 
money  or  service  or  any  other  valuable  thing  for  any  political 
purpose.  No  person  in  said  service  shall  use  his  official  authority 
or  influence  to  coerce  the  political  action  of  any  person  or  body, 
or  to  affect  or  to  interfere  with  any  nomination,  appointment  or 
election  to  public  office. 

[Ch.   1903,  §325.] 

Sec.  120 — ^Violation  of  Civil  Service  Provisions  a  Misde- 
meanor : 
Whoever  makes  appointment  to  office  in  the  public  service  of 
the  City  or  selects  a  person  for  employment  therein  contrary  to  the 
provisions  of  this  Article  or  of  any  regulation  duly  esta.blished 
under  the  authority  thereof,  or  wilfully  refuses  or  neglects  other- 
wise to  comply  therewith,  or  conform  to,  the  provisions  of  this 
Article,  or  violates  any  of  such  provisions,  shall  be  guilty  of  a  mis- 
demeanor. 

[Ch.   1903,  §326.] 

Sec.  121 — ^Penalty  for  Misdemeanor  : 

Misdemeanors  under  the  provisions  of  this  Article  shall  be 
punishable  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  longer  than  one  year,  or  by  both  such  fine  and  imprisonment. 
The  Circuit  Court  of  the  State  of  Oregon  shall  have  jurisdiction 
of  offenses  defined  in  this  Article. 

[Ch.  1903,  §327.] 


ELECTIONS  47 


Sec.  122 — Citizens  Given  PUbference — Minimum  Wage  : 

In  the  employment  of  mechanics  and  unskilled  laborers  pref- 
erence shall  in  all  cases  be  given  to  those  who  are  citizens  of  the 
United  States  or  those  who  have  declared  their  intention  to  become 
such  and  who  have  resided  within  the  City  for  one  year  next  before 
entering  into  the  City's  employment.  Eight  hours  shall  constitute 
a  day's  work  for  all  laborers,  workmen  and  mechanics  who  may  be 
employed  by  the  City,  and  the  minimum  wage  to  unskilled  laborers 
employed  by  the  City  shall  be  $2.00  per  day. 

[Am.  May  3,  1913,  §106.] 

CHAPTER  V.     ELECTIONS. 

Sec.  123 — Municipal  Elections  : 

A  municipal  election  shall  be  held  on  the  first  Monday  in 
June,  1913,  and  on  the  first  Monday  in  June  on  each  second  year 
thereafter,  which  shall  be  known  as  the  general  municipal  election. 
All  others  shall  be  known  as  special  municipal  elections.  The  first 
general  municipal  election  under  this  Charter  shall  be  held  on  the 
first  Monday  in  June,  1913,  for  the  purpose  of  electing  a  Mayor, 
four  Commissioners  and  an  Auditor.  The  Mayor  and  the  two 
Commissioners  who  receive  the  highest  votes  shall  hold  office  until 
the  first  day  of  July,  1917,  and  the  Auditor  and  the  other  two 
Commissioners  shall  hold  office  until  the  first  day  of  July,  1915. 
Thereafter  every  such  officer  shall  hold  office  for  the  full  term  of 
four  years.  Such  elected  officers  shall  assume  office  the  first  day 
of  July  after  the  election. 

[Am.  May  3,  1913,  §41.] 

Sec.  124 — Manner  op  Nomination  of  Officers  : 

The  manner  of  nomination  of  all  elective  officers  shall  be  by 
petition. 

(a)  Nomination  Petition.  Certifiates :  The  petition  for  the 
nomination  of  each  candidate  shall  consist  of  not  less  than  100 
individual  certificates.  Each  certificate  shall  be  of  uniform  size, 
to  be  determined  by  the  auditor,  shall  be  signed  and  verified  by 
one  registered  voter,  and  shall  contain  the  name  of  only  one 
candidate. 

If  a  legal  voter  sign  more  certificates  than  there  are  offices  to 
be  filled,  all  those  exceeding  such  number  shall  be  rejected  when 
presented  for  filing. 

(&)  Form  of  Certificates:  The  form  of  the  certificate  shall 
be  substantially  as  follows: 

INDIVIDUAL  NOMINATION  CERTIFICATES. 
STATE   OF  OREGON,         ) 
County  of  Multnomah,       )ss. 
City  of  Portland.         ) 

I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence 


48  POETLAND  CITY  CHARTER 

is  at  No street, 

Portland,  for  the  office  of 

to  be  voted  for  at  the  nmnieipal  election  to  be  held  in  the  City  of 

Portland,  on  the day  of 

,19 And  I  make  oath 

and  say  that  I  am  qualified  to  vote  for  a  candidate  for  said  office, 
and  am  not  at  this  time  a  signer  of  more  certificates  nominating 
candidates  for  city  elective  offices  than  there  are  offices  to  be  filled ; 

that  my  residence  is  at  No street, 

Portland,  and  that  my  occupation  is 


(Signed) 

Subscribed  and  sworn  to  before  me  this .... 
day  of ,  A.  D.  19 


Notary  Ptiblic  for  Oregon. 
The  petition  for  nomination  of.  which  this  certificate  forms  a 
part,  if  found  defective,  shall  be  returned  to 

at  No 

street,  Portland,  Oregon. 

(c)  Filing  Petitions:  The  petition,  consisting  of  at  least 
100  sufficient  certificates,  shall  be  presented  to  the  Auditor  for 
filing  not  earlier  than  forty  and  not  later  than  twenty  days  before 
the  election.  The  Auditor  shall  endorse  thereon  the  day  and  hour 
of  its  presentation  and  by  whom  presented.  If  the  petition  be 
sufficient,  he  shall  file  the  same  at  once. 

(d)  Amendment  of  Petition:  If,  upon  examination  by  the 
Auditor,  the  petition  be  found  not  to  conform  to  the  provisions 
of  this  article,  he  shall  state  immediately  in  writing  on  said  peti- 
tion why  it  cannot  be  filed.  He  shall  then,  within  three  days, 
return  the  defective  petition,  personally  or  by  mail,  to  the  person 
designated  for  that  purpose.  Within  five  days  of  its  return  by  the 
Auditor  the  petition  may  be  amended  and  again  presented  for  filing. 
The  procedure  in  the  case  of  an  amended  petition  shall  be  the  same 
as  in  the  case  of  an  original  petition.  In  no  case  shall  any  petition 
be  received  or  considered  after  twenty  days  preceding  an  election. 

(e)  Nominee's  Acceptance:  The  acceptance  of  any  person 
nominated  under  this  article  shall  be  filed  with  the  petition  with 
the  Auditor,  and  in  the  absence  of  such  acceptance  the  petition 
shall  not  be  filed. 


ELECTION'S  49 


Such  acceptance  shall  be  substantially  in  the  following  form : 

STATE  OF  OREGON,         ) 
County  of  Multnomah,       )  ss. 
City  of  Portland,         ) 

I, ,of 

No street, 

do  hereby  accept  nomination  for  the  office  of 

if  elected  I  will  qualify. 

(Signed) 

Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  19 


Notary  Pliblic  for  Oregon. 

(/)  The  validity  or  legality  of  an  election  shall  not  be  in 
any  way  affected  by  any  defect  or  irregularity  in  any  nominating 
petition. 

(g)  Forms  Supplied  by  the  Auditor:  It  shall  be  the  duty 
of  the  Auditor,  upon  application,  to  furnish  a  reasonable  number 
of  printed  forms  of  such  individual  certificates,  and  of  acceptances 
of  nomination. 

(h)  Preservatijon  of  Nomination  Petitions:  The  Auditor 
shall  preserve  in  his  office  for  a  period  of  four  years,  and  during 
the  pendency  of  litigation  relating  to  the  election,  all  papers  relative 
to  nomination. 

[Am.  May  3,  1913,  §42.] 

Sec.  125 — Publication  of  Election  Notice  : 

Publication  of  Lists  of  Candidates:  The  Auditor  on  or  before 
the  fifteenth  day  before  every  election,  shall  prepare  and  file  in 
his  office  a  certificate  containing  a  complete  list  of  the  offices  to  be 
filled,  stating  whether  for  a  full  or  an  unexpired  term,  and  the 
candidates  for  each  office  who  are  entitled  to  have  their  names  ap- 
pear upon  the  ballot.  The  Auditor  shall  cause  to  be  published  in 
all  succeeding  issues  of  the  City  Official  Newspaper  before  the  day 
of  election,  an  election  notice,  which  shall  contain  a  copy  of  a 
certificate  above  described,  and  also  the  time  of  holding  such  elec- 
tion, and  the  place  in  each  precinct  designated  for  holding  the  same. 
A  copy  of  such  notice  shall  be  posted  at  all  polling  places  seven  days 
before  the  day  of  election.  Failure  to  post  notices  shall  not  in- 
validate the  election,  nor  shall  failure  to  publish  notice  invalidate 
any  general  municipal  election. 

[Am.  May  3,  1913,  §43.] 


50  •  PORTLAN^D  CITY  CHARTER 

Sec.  126 — Informalities  Disregarded: 

Informalities  in  Election:  No  informalities  in  conducting 
municipal  elections  shall  invalidate  the  same,  if  they  be  con- 
ducted fairly  and  in  substantial  conformity  with  the  requirements 
of  this  Charter. 

[Am.  May  3,  1913,  §44.] 

Sec.  127 — State  Laws  Applicable  : 

General  Election  Regulations:  The  provisions  of  any  state 
law,  in  force  at  the  time  of  any  election,  relating  to  the  qualifications 
and  registrations  of  electors,  the  manner  of  voting,  the  duties  of 
election  officers,  the  canvassing  of  returns,  and  all  other  provisions 
with  respect  to  the  management  of  elections,  where  applicable,  shall 
apply  to  all  municipal  elections,  except  in  so  far  as  the  same  are 
in  conflict  with  the  provisions  of  this  Charter.  Powers  conferred 
and  duties  imposed  by  such  laws  upon  state  and  county  officers 
are  hereby  conferred  and  imposed  upon  the  corresponding  city 
officers. 

[Am.  May  3,  1913,  §45.] 

Sec.  128 — Act  of  1899  to  Govern  Elections — Registration  of 
Voters  : 
The  provisions  of  an  act  entitled  "An  act  to  provide  for  the 
registration  of  electors,  regulating  the  manner  of  conducting  elec- 
tions, providing  for  the  prevention  of  and  punishment  for  frauds 
affecting  the  suffrage  and  to  prevent  illegal  voting,"  approved 
February  17,  1899,  shall  apply  to  elections  held  under  this  Char- 
ter, except  as  herein  otherwise  provided.  No  person  who  has  regis- 
tered for  the  preceding  county  election  and  has  not  changed  his 
residence  need  register  again  for  a  city  election.  The  County  Clerk 
shall  keep  open  the  registration  books,  lists,  etc.,  for  a  period  of 
thirty  days  immemdiately  before  the  15th  day  of  April  next  pre- 
ceding the  city  election  and  during  such  time  shall  register  all 
persons  who  since  the  registration  books  were  last  closed  have  be- 
come eligible  to  vote  at  such  elections,  or  who,  being  entitled  to 
vote,  have  failed  to  register,  and  shall  enter  changes  of  residences 
occurring  since  the  last  registration  of  all  persons  who  shall  apply 
therefor.  Such  clerk  shall  send  to  the  several  precincts  the  pre- 
cinct register  thus  corrected,  as  provided  by  said  act,  and  the  same 
shall  be  used  by  the  judges  and  clerks  at  such  election  as  provided 
in  said  act. 

[Ch.  1903,  §23.] 

Sec.  129 — Preferential  System  of  Voting  : 

Ballots,  Preparation  and  Form:  The  Auditor  shall  cause 
ballots  for  general  and  special  elections  to  be  prepared,  printed 
and  authenticated.  The  ballots  shall  contain  a  complete  list  of 
the  offices  to  be  filled  and  the  names  of  the  candidates  nominated 
therefor.  When  the  number  of  candidates  is  more  than  three  times 
the  number  of  offices  to  be  filled,  each  voter  shall  have  the  right 


ELECTIONS 


61 


to  vote  for  as  many  first  choice  candidates  as  there  are  offices  to  be 
filled,  and  as  many  second  choice  candidates  as  there  are  offices  to 
be  filled,  and  as  many  third  choice  candidates  as  there  are  offices 
to  be  filled.    The  form  of  the  ballot  shall  be  substantially  as  follows  ; 

GENERAL  (OR  SPECIAL)  MCJNICIPAL  ELECTION,  CITY 
OF  PORTLAND. 

(Inserting  date  thereof.) 

INSTRUCTIONS: 

To  vote  for  any  person  mark  a  cross  (X)  in  a  square  to  the 
right  of  the  name. 

VOTE  FIRST  CHOICE  FOR  (here  insert  number  of  offices 
to  be  filled). 

VOTE  SECOND  CHOICE  FOR  (here  insert  number  of  offices 
.to  be  filled). 

VOTE  FOR  THIRD  CHOICE  FOR  (her©  insert  number  of 
offices  to  be  filled). 

VOTE  YOUR  FIRST  CHOICES  IN  THE  FIRST  COL- 
UMN. 

VOTE  YOUR.  SECOND  CHOICES  IN  THE  SECOND 
COLUMN. 

VOTE  YOUR  THIRD  CHOICES  IN  THE  THIRD  COL- 
UMN. 

DO  NOT  VOTE  MORE  THAN  ONE  CHOICE  FOR  ANY 
ONE  CANDIDATE. 

All  distinguishing  marks  make  the  ballot  void. 

If  you  wrongly  mark,  tear  or  deface  the  ballot,  return  it  and 
obtain  another  from  the  election  officers. 

(Here  state  officers  to  be  elected,  as  Mayor  and  two  Commis- 
sioners, or  Auditor  and  two  Commissioners.) 

If  any  voter  shall  vote  more  than  one  choice  for  any  one  candi- 
date the  vote  highest  in  grade  shall  be  counted  and  others  rejected. 


Mayor 

First 
Choice 

Second 
Choice 

Third 
Choice 

Names  of  Candidates 

Auditor 

First 
Choice 

Second 
Choice 

Third 
Choice 

Names  of  Candidates 

1 

1 

52                         PORTLAND  CITY  CHARTER 

Commissioners 

First 
Choice 

Second 
Choice 

Third 
Choice 

Names  of  Candidates 

(Charter  amendments,  ordinances,  or  other  referendum  matters  to 

be  voted  upon  to  appear  here.) 

When  the  number  of  candidates  is  more  than  twice  the  num- 
ber of  offices  to  be  filled,  and  not  more  than  three  times  the  num- 
ber of  offices  to  be  filled,  the  ballot  shall  give  first  and  second  choice 
columns  only ;  and  in  such  case  the  voter  shall  have  no  third  choice ; 
and  the  instructions  on  the  ballot  shall  be  modified  accordingly. 

When  the  number  of  candidates  is  not  more  than  twice  the 
number  of  offices  to  be  filled  only  one  column  for  marking  shall 
appear;  and  in  such  case  the  voter  shall  have  no  second  choice;  and 
the  instructions  on  the  ballot  shall  be  modified  accordingly. 

[Am.  May  3,  1913,  §46.] 

Sec.  130^ — Form  of  Ballots: 

Requirements  of  Ballots:  All  official  ballots  used  at  any  elec- 
tion shall  be  identical  in  form.  Space  shall  be  provided  on  the 
ballot  for  Charter  amendments  or  other  questions  to  be  voted  upon 
at  municipal  elections.  The  names  of  the  candidates  for  each  office 
shall  be  arranged  on  the  ballot  in  the  order  in  which  the  nominating 
petitions  were  filed ;  nothing  on  the  ballot  shall  be  indicative  of  the 
source  of  the  candidacy,  or  of  the  support  of  any  candidate.  No 
ballot  shall  have  printed  thereon  any  party  or  political  designation 
or  mark  and  there  shall  not  be  appended  to  the  name  of  any  can- 
didate any  party  or  political  designation  or  mark  (but  words  not 
exceeding  twelve  indicating  his  views  on  strictly  municipal  ques- 
tions or  issues  may  be) . 

[Am.  May  3,  1913,  §47.] 

Sec.  131 — Sample  Ballots  : 

Sample  Ballots :  The  Auditor,  at  least  ten  days  before  the 
election  shall  cause  to  be  printed  not  less  than  5000  sample  ballots 
upon  paper  of  different  color  but  otherwise  identical,  except  in 
numbering,  with  the  ballot,  to  be  used  at  the  election,  and  shall 
distribute  the  same  to  registered  voters  at  his  office  and  cause  a 
copy  thereof  in  convenient  form  to  be  published  in  one  or  more  daily 
papers  of  general  circulation.  Sample  ballots  shall  be  posted  at  the 
polls  on  election  day. 

[Am.  May  3,  1913,  §48.] 

Sec.  132 — Canvass  op  Returns  and  Determination  op  Results 
OP  Elections  : 
(a)     As  soon  as  the  polls  are  closed  the  precinct  election  offi- 
cers shall  open  the  ballot  boxes,  take  therefrom^  and  count  the  bal- 
lots and  enter  the  total  number  thereof  on  the  tally  sheets  provided 


ELECTIONS  63 


therefor.  They  then  shall  count  and  enter  the  number  ,of  the  first, 
second  and  third  choice  votes  for  each  candidate  on  said  tally  sheet 
and  make  return  thereof  to  the  Auditor  as  provided  by  law. 

(b)  If  a  ballot  contain  more  than  one  vote  for  the  same  can- 
didate, only  the  one  of  such  votes  highest  in  rank  shall  be  counted. 
If  a  ballot  contain  either  first,  second  or  third  choice  votes  in  excess 
of  the  number  of  offices  to  be  filled,  no  vote  in  the  column  showing 
such  excess  shall  be  counted. 

(c)  The  foregoing  subdivisions  (a)  and  (b)  of  this  section 
shall  be  printed  conspicuously  on  the  tally  sheets  furnished  to  the 
election  officers. 

(d)  Candidates  receiving  a  majority  of  first  choice  votes  for 
any  office  shall  be  elected.  If  the  full  number  of  candidates  to  be 
elected  do  not  receive  a  majority  of  the  first  choice  votes  for  such 
office,  a  canvass  shall  then  be  made  of  the  second  choice  votes  re- 
ceived by  those  candidates  for  said  office  who  are  not  elected  by 
first  choice  votes;  said  second  choice  votes  shall  be  added  to  the 
first  choice  votes  received  by  such  candidates,  and  candidates  who 
by  such  addition  shall  receive  a  majority  vote  shall  be  elected. 

(e)  If  by  count  of  either  first  choice  votes  or  first  and  second 
choice  votes,  as  above  provided,  more  candidates  than  there  are 
offices  to  be  filled  shall  receive  a  majority,  the  candidate  or  candi- 
dates equal  in  number  to  the  number  of  offices  to  be  filled  having 
the  highest  vote  shall  be  elected. 

(/)  If  the  full  number  of  candidates  to  be  elected  do  not 
receive  a  majority  by  adding  first  and  second  choice  votes,  as  above 
directed,  a  canvass  shall  then  be  made  of  the  third  choice  votes 
received  by  those  candidates  for  said  office  who  are  not  elected, 
either  by  first  choice  votes  or  by  adding  first  and  second  choice 
votes,  said  third  choice  votes  shall  be  added  to  the  first  and  second 
choice  votes  received  by  such  candidates,  and  the  candidates,  equal 
in  number  to  the  number  of  offices  remaining  to  be  filled  who  re- 
ceived the  highest  number  of  votes  by  said  addition  shall  be  elected. 

(g)  A  tie  between  two  or  more  candidates  shall  be  decided 
in  favor  of  the  one  having  the  highest  number  of  first  choice  votes. 
If  they  also  equal  in  that  respect,  then  the  highest  number  of  second 
choice  votes  shall  determine  the  result.  If  this  does  not  decide 
then  the  tie  shall  be  determined  by  lot,  under  the  direction  of  the 
canvassing  board. 

(h)  Whenever  the  word  "majority"  is  used  in  this  section 
it  shall  mean  the  smallest  whole  number  in  excess  of  one-half  of 
the  quotient  obtained  by  dividing  the  total  number  of  first  choice 
votes,  for  any  office  by  the  number  of  officers  to  be  elected  thereto. 

[Am.  May  3,  1913,  §49.] 

Sec.  133 — Expense  of  Registration  Paid  by  City  : 

The  County  Court  of  Multnomah  County,  Oregon,  shall  cause 
an  itemized  statement  of  the  actual  additional  cost  to  said  county 


54  PORTLAXD  CITY  CHARTER 

It 

caused  in  each  year  in  which  a  general  city  election  is  held  unddl 
this  Charter  by  the  opening,  preparation  and  use  of  said  registrft^ 
tion  lists  and  preparation  of  ballots  as  herein  prescribed  and  hf 
matters  in  connection  therewith  to  be  prepared  and  filed  with  the 
Auditor  of  the  City  of  Portland.  The  Council  shall  appropriate 
the  amount  named  in  such  statement  or  such  other  amount  as  it  tti&y 
determine  to  be  such  true  actual  additional  cost,  and  the  same  gJi^H 
be  paid  to  said  County  of  Multnomah  in  reimbursement  of  such  dpst. 

[Ch.  1903.  §24.] 

Sec.  134 — Dates  of  Elections: 

The  dates  fixed  in  said  election  laws  are  hereby  changed  11  far 
as  they  relate  to  said  city  elections,  and  the  dates  prescribed  iti  this 
Charter  shall  be  substituted  for  and  take  the  place  of  the  dates  set 
forth  in  said  election  laws.  \ 

[Ch.   1903,  §25.] 

Sec.  135 — Notice  of  Election  to  Be  Published: 

The  Auditor,  under  the  direction  of  the  Council,  shAll  give 
ten  days^  notice  by  publication  in  the  city  official  newspaper  df  each 
general  city  election,  the  officers  to  be  elected  at  the  same  knd  the 
place  or  places  in  each  ward  designated  for  holding  the  election 
therein. 

[Ch.  1903,  §26.] 

Sec.  136 — Council  to  Choose  Judges  and  CI/ERks  : 

Judges  and  clerks  of  election  to  serve  at  city  electioiis  shall 
be  chosen  by  the  Council  at  its  first  meeting  in  January  ^ach  year 
in  which  a  city  election  is  to  be  held,  objections,  remonstrfliices  and 
suggestions  relating  to  such  judges  shall  be  heard  by  th6  Council 
at  its  second  regular  meeting  in  February. 

[Am.  May  3,  1913,  §50.] 

Sec.  137 — Qualifications  of  Voters  : 

No  person  is  qualified  to  vote  at  an  election  held  uilder  this 
act  who  has  not  been  a  resident  of  the  city  for  six  months  and  of 
the  precinct  in  which  he  oifers  to  vote  for  thirty  days  next  preceding 
such  election,  and  who  does  not  possess  the  qualifications  5f  a  legal 
voter  of  the  State  of  Oregon. 

[Ch.  1903,  §27;  Am.  May  3,  1913,  §51.] 

Sec.  138 — Canvass  of  Election  Returns  : 

On  the  fourth  day  after  an  election,  or  sooner  if  th6  returns 
from  all  precincts  are  in,  the  Auditor  shall  call  to  his  assistance  the 
County  Clerk  of  the  County  of  Multnomah  and  a  Justice  of  the 
Peace,  resident  in  Portland,  and  they  three  shall  then  caiivass  the 
returns  of  the  election. 

[Ch.  1903,  §31;  Am.  May  3,  1913,  §52.] 

Sec.  139 — Statement  of  Canvass  to  Be  Filed  : 

A  written  statement  of  the  canvass'  shall  be  made  and  signed 
by  the  canvassers,  or  a  majority  of  them,  and  filed  with  the  Auditor, 


OFFICIAL  ADV.  AND  CONTEACTS  55 

within  the  time  appointed  to  complete  the  canvass.  Such  writing 
must  contain  a  statement  of  the  whole  number  of  the  votes  cast 
at  such  election,  and  the  number  given  for  any  person  for  any  office 
and  the  names  of  the  persons  elected,  and  to  what  office,  and  also 
the  number  of  votes  for  or  against  any  proposition  submitted  to  the 
people. 

[Ch.   1903,   §32.] 

Sec.  140 — Ci:rtificate  of  Election  : 

Immediately  after  the  completion  of  the  canvass  the  Auditor 
must  make  and  sign  a  certificate  of  election  for  each  person  deter- 
mined by  such  canvass  to  be  elected  and  deliver  the  same  to  him  on 
demand. 

[Ch.    1903,   §33.] 

Sec.  141 — Certificate  of  Election — Primary  Evidence  : 

A  certificate  of  election  is  primary  evidence  of  the  facts  therein 
stated,  but  the  Council  is  the  judge  of  the  qualifications  and  elec- 
tion of  its  own  members ;  and  in  case  of  a  contest  between  two  per- 
sons claiming  to  be  elected  thereto,  must  determine  the  same, 
subject,  however,  to  review  by  any  court  of  competent  jurisdiction. 

[Ch.  1903,  §34;  Am.  May  3,  1913,  §53.] 

Sec.  142 — Contested  Elections  : 

A  contested  election  for  any  office,  other  than  that  of  Mayor 
or  Councilman,  must  be  determined  according  to  the  law  of  this 
state  regulating  proceedings  in  contested  elections  for  county  officers. 

[Ch.    1903,   §35.] 

Sec.  143 — Present  Incumbents  Hold  Over  : 

The  incumbents  of  all  offices,  places  and  positions  under  the 
Charter  of  1903,  not  expressly  abolished  by  this  Charter,  shall 
continue  to  hold  their  respective  places  until  their  successors  under 
this  Charter  are  chosen  and  qualified. 

[Ch.  1903,  §40;  Am.  May  3,  1913,  §54.] 

CHAPTER  VI.     OFFICIAL  ADVERTISING 
AND  CONTRACTS. 

Sec.  144 — Council  to  Contract  Annually  for  Advertising  : 

All  contracts  for  official  advertising  shall  be  let  annually  by 
the  Council  to  the  lowest  responsible  bidder  publishing  a  daily 
newspaper  in  the  City  of  Portland  and  which  has  a  bona  fide  circu- 
lation therein. 

The  paper  to  which  the  award  of  such  advertising  is  made  shall 
be  known  and  designated  as  the  "City  Official  Newspaper.^' 

[Am.  May  3,  1913,  §38.] 

Sl50,  145 — Council  to  Re-Let  Contract  if  Annulled: 

If  the  City  Official  Newspaper  ceases  to  be  published,  or  for 
any  cause  the  contract  be  annulled,  a  new  contract  for  the  unex- 
pired term  of  the  original  contract  shall  be  let  to  the  lowest  respon- 


56  PORTLAN^D  CITY  CHARTER 

sible  bidder  publishing  a  daily  newspaper  as  provided  in  this  Charter, 
and  until  such  new  contract  is  let  the  Council  shall  designate  a  daily 
newspaper  in  which  all  advertising  shall  be  published,  which  news- 
paper shall  be  known  and  designated  for  the  time  being  as  the  "City 
Official  Newspaper." 

[Am.   May  3,   1913,   §39.] 

Sec.  146 — Official  Advertising — Wheee  to  Be  Made  : 

All  advertising  and  publications  provided  for  in  this  Charter 
must  be  made  in  the  City  Official  Newspaper  and  such  other  pub- 
lications as  the  Council  may  by  ordinance  direct. 

[Am.  May  3,  1913,  §40.] 

Sec.  147 — ^Terms  ^''Successive^^  and  ""Consecutive"''  Defined  : 

Any  requirement  of  this  Charter  for  any  form  of  notice  to  be 
published  in  the  City  Official  Newspaper  for  a  stated  number  of 
successive  or  consecutive  days  shall  be  construed  to  mean  publica- 
tion of  such  notice  in  the  stated  number  of  consecutive  issues  of 
said  newspaper,  and  publication  of  said  notice  in  said  stated  num- 
ber of  consecutive  issues  of  said  newspaper  shall  be  a  full  compli- 
ance with  such  requirements'. 

[Ch.  1903,  §61.] 

Sec.  148 — Contract  for  Over  $250  Must  Be  in  Writing  : 

The  City  of  Portland  shall  not  be  bound  by  any  contract,  nor  in 
any  way  liable  thereon,  unless  the  same  is  authorized  by  an  ordi- 
nance and  made  in  writing  and  signed  by  some  person  or  persons 
duly  authorized  thereunto  by  the  Council.  But  an  ordinance  may 
authorize  any  board,  body,  officer  or  agent,  to  bind  the  city  without 
a  contract  in  writing  for  the  payment  of  any  sum  not  exceeding 
two  hundred  and  fifty  dollars  ($250.00). 

DCh.  1903,  §6;  Am.  May  3,  1913,  §3.] 

Sec.  149 — Contractors  to  Give  Indemnity  Bond  : 

All  contractors  shall,  at  the  time  of  executing  any  contract  for 
work  to  be  done  for  the  city,  execute  a  bond  to  the  satisfaction  of 
thei  Council,  to  be  approved  by  the  Mayor,  in  such  sum  as  said 
Council  may  deem  adequate,  not  less  than  fifty  per  cent  of  the  con- 
tract price  of  such  contract,  payable  to  the  City  of  Portland,  and 
if  executed  by  individual  sureties  they  shall  justify  in,  double  the 
amount  of  the  said  bond;  said  bond  shall  be  conditioned  for  the 
faithful  performance  of  such  contract,  and  further  that  the  con- 
tractor will  fully  secure  and  pay  the  just  claims  of  all  laborers, 
material  men  and  sub-contTactors  employed  by  him  thereunder. 
Any  such  laborer,  material  man  or  sub-contractor  whose  just  claims 
may  not  be  satisfied,  shall  have  and  is  hereby  granted  a  right  of 
action  upon  said  bond  in  the  name  of  the  City  of  Portland  and  said 
action  shall  have  the  same  force  and  effect  as  if  this  City  was 
enforcing  the  covenants  of  such  bond.  All  persons  having  such 
claims  may  join  or  be  brought  into  one  action  and  the  City  shall 


PUBLIC  UTILITIES  AND  FRANCHISES  57 

also  be  made  a  party  thereto  to  the  end  that  all  rights  arising  under 
one  bond,  may  be  determined  in  one  action. 

[Ch.  1903,  §162;  Am.  May  3,  1913,  §95.] 

Sec.  150 — No  Purchase  in  Excess  of  $250  Without  Bid — Con- 
tracts TO  Lowest  Responsible  Bidder  : 
The  Council  shall  make  no  purchase  of  supplies  and  material 
in  excess  of  two  hundred  and  fifty  ($250.00)  dollars  without  hav- 
ing duly  advertised  for  the  same  in  the  City  Official  Newspaper. 
The  Council  shall  have  no  power  to  let  any  contract  for  any  public 
improvement  or  for  any  supplies  for  the  City  of  Portland  except 
such  contract  be  let  to  the  lowest  responsible  bidder  for  the  class 
or  kinds  selected  by  the  Council.  The  specifications  upon  which  the 
bids  shall  be  made  shall  clearly  state  the  kind^  class,  grade  and 
quality  of  improvement  or  supplies  desired  and  one  or  more  sets  of 
the  specifications  may  be  adopted  by  the  Council.  The  Council 
shall  have  the  right  to  reject  any  and  all  bids.  This  provision  shall 
not  prevent  the  Council  from  employing  labor  direct  to  construct  or 
carry  on  public  works  or  to  make  public  improvements. 

[Ch.  1903,  §  164;  Am.  May  3,   1913,  §96.] 

CHAPTER  yil. 
PUBLIC  UTILITIES  AND  FRANCHISES. 
Article  1. 
Seo.  151 — PtJBLic  Utilities — General  Provisions: 

The  City  of  Portland  shall  have  the  power  to  construct,  con- 
demn, purchase,  add  to,  acquire,  maintain,  operate  and  own  all  or 
any  part  of  any  public  utility  or  any  plant  or  enterprise,  for  the 
purpose  of  serving  the  city  and  the  people  thereof  for  uses  public 
and  private.  Such  power  may  be  exercised  in  any  lawful  manner 
and  shall  include  the  power  to  purchase,  condemn  or  otherwise 
acquire  any  franchise  heretofore  granted  to  operate  a  public  utility. 

[Am.   May  3,   1913,  §58.] 

Sec.  152 — Power  of  City  to  Use: 

The  City  shall  have  the  power  to  construct  and  acquire  in 
any  legal  way  and  to  maintain  and  operate  works,  plants  and 
facilities  for  the  purpose  of  doing  any  and  all  municipal  work  by 
direct  employment  of  labor  under  the  supervision  of  the  City, 
and  may  use  such  works,  plants  and  facilities,  and  the  product 
thereof,  for  the  purpose  of  doing  municipal  work  of  all  kinds, 
and  shall  have  the  power  to  sell  such  product  for  use  in  the  con- 
struction of  municipal  improvements  of  all  kinds.  It  shall  have 
power  to  provide  payment  for  the  whole  or  any  part  of  local 
improvements  constructed  or  done  by  the  city  directly  under  the 
provisions  of  this  section  by  assessment  against  the  property 
benefited  thereby^ 


58  POETLAND  CITY  CHARTER 

Funds  for  the  carrying  out  of  thisi  section  may  be  provided 
by  issuing  bonds  as  provided  in  Section  227  of  this  Charter  or 
by  the  use  of  any  moneys  in  the  general  fund  at  the  end  of  the 
fiscal  year. 

[Am.  May  3,  1913,  §59.] 

Sec.  153 — "Public  Utility"  Defined: 

The  term  "public  utility"  as  used  in  this  Charter  shall  be 
deemed  to  include  every  plant,  property  or  system  engaged  in 
the  public  service  within  the  city  or  operated  as  a  public  utility 
as  such  terms  are  commonly  understood. 

[Am.  May  3,   1913,  §60.] 

Sec.  154 — General  Supervision  by  Council: 

The  Council  shall  have  general  supervision  and  power  of 
regulation  of  all  public  utilities  within  the  City  of  Portland, 
and  of  all  persons  and  corporations  engaged  in  the  operation 
thereof.  ! 

[Am.  May  3,  1913,  part  of  §61.] 

Sec.  155 — Council  May  Issue  and  Sell  C!ertificates  : 

The  Council  is  hereby  granted  power  to  issue  and  sell  in- 
terest bearing  public  utility  certificates  for  the  construction  or 
acquisition  by  purchase,  condemnation  or  otherwise  of  any  public 
utility  to  be  operated  within  the  city.  The  certificates  shall  be 
secured  by  a  mortgage  or  mortgages  upon  such  public  utility 
plant  and  the  revenues  thereof,  but  the  same  shall  not  be  a 
general  liability  of  the  city  and  shall  be  paid  solely  from  the 
revenues  derived  from  the  plant  or  from  the  sale  thereof.  Such 
power  shall  be  exercised  only  by  ordinances  which  shall  be  subject 
to  referendum  in  like  manner  and  upon  like  terms  and  condi- 
tions as  ordinances  granting  franchises. 

[Am.  May  3,  1913,  part  of  §61.] 

Sec.  156 — Council  May  Investigate: 

The  Council  shall  have  the  power  to  investigate  from  time 
to  time,  and  whenever  they  shall  deem  that  the  public  service, 
health  or  welfare  require  it,  the  affairs,  business  and  property 
of  any  public  utility  within  the  City.  For  that  purpose  they 
shall  have  the  right  to  compel  the  attendance  of  witnesses  and 
the  production  of  books,  papers  and  records,  and  of  entry  in 
person  or  by  authorized  agent  upon  any  premises  or  places  of 
any  person  or  corporation  engaged  in  the  operation  of  a  public 
utility.  They  shall  have  the  power  to  control,  regulate  and  order 
such  changes,  improvements,  extensions,  additional  facilities,  ap- 
pliances or  equipment  in  or  upon  the  plant  and  property  of  any 
person  or  corporation  operating  public  utilities  within  the  city 
as  may  be  deemed  necessary  to  promote  the  public  interest,  con- 
venience or  safety,  and  to  protect  its  employes  in  the  construc- 
tion, maintenance  or  operation  of  any  such  public  utilities. 


PUBLIC  UTILITIES  AND   FRAN^CHISES  59 

Every  charge,  rate,  fare  or  compensation  made,  charged  or 
demanded  by  any  person  or  corporation  engaged  in  the  operation 
of  a  public  utility  within  the  City  of  Portland  for  any  service 
rendered  or  to  be  rendered  shall  be  just,  fair  and  reasonable.  The 
Council  shall  have  the  power  to  hear  and  determine  what  are  just, 
fair  and  reasonable  rates,  fares  and  charges  and  to  fix  and  limit 
such  rates,  fares  and  charges  and  for  that  purpose  may  make  valu- 
ations of  the  property  of  any  person  or  corporation  engaged  in  the 
operation  of  a  public  utility  within  the  City.  To  that  end  they 
shall  make  and  enforce  regulations  providing  that  at  the  time  of 
construction  or  acquisition  of  any  plant  or  property  rendering  a 
public  service  and  of  any  improvement  or  additions  thereto  the 
person  or  corporation  having  charge  thereof  shall  record  with  the 
Auditor  a  description  of  all  property  which  such  person  or  corpora- 
tion shall  intend  to  present  for  such  valuation  and  all  later  im- 
provements when  made,  together  with  full  information  as  to  the  cost 
thereof  and  vouchers  supporting  the  same,  to  the  end  that  a  com- 
plete record  of  all  property  to  be  valued  under  this  section  shall  be 
at  all  times  available. 

[Am.  May  3,   1913,   §62.] 

Sec.  157 — Quarterly  Eeport  Required  : 

Every  person  or  corporation  operating  a  public  utility  within 
the  City  rendering  service  to  be  paid  for  wholly  or  in  part  by 
the  users  of  such  service  shall  keep  full  and  correct  books  and  ac- 
counts and  make  stated  quarterly  reports  in  writing  to  the  Council 
verified  by  such  person  or  an  officer  of  the  corporation,  which  shall 
contain  an  accurate  statement  in  summarized  form  as  well  as  in 
detail  of  all  receipts  from  all  sources  and  all  expenditures  for  all 
purposes  together  with  a  full  statement  of  all  assets  and  debts 
including  stock  and  bond  issues  as  well  as  such  other  information  as 
to  the  cost  and  profits  of  said  service,  and  the  financial  condition  of 
such  grantee  as  the  Council  may  require.  Such  reports  shall  be 
public  and  a  summary  thereof  shall  be  printed  as  a  part  of  the 
annual  report  of  the  Auditor,  and  the  Council  may  inspect  or 
examine,  or  cause  to  be  inspected  or  examined,  at  all  reasonable 
hours,  any  and  all  books  of  account  and  vouchers  of  such  grantee. 

Such  books  of  account  shall  be  kept  and  reports  made  in 
accordance  with  forms  and  methods  prescribed  by  the  Council  and 
so  far  as  practicable  shall  be  uniform  for  all  grantees  and  holders 
of  franchises,  and  shall  except  for  important  and  necessary  changes 
conform  to  such  reports  as  are  required  by  state  or  federal  public 
utility  commissions. 

Every  failure  or  neglect  on  the  part  of  the  grantee  or  holder 
of  a  franchise  to  keep  books  of  account  or  to  make  reports  under 
this  section  shall  be  deemed  an  offense  and  the  Council  may  by 
ordinance  provide  for  the  punishment  of  every  such  violation, 
failure  or  neglect  by  fine  or  imprisonment,  or  both,  of  the  persons 


60  PORTLAND  CITY  CHARTER 

or  person  whose  duty  it  shall  be  to  keep  such  books  of  account  and 
make  such  reports. 

The  enumeration  in  this  chapter  of  any  particular  or  special 
power  or  duty  shall  be  construed  as  additional  and  supplementary 
to  any  and  all  other  powers  residing  in  or  otherwise  conferred  upon 
the  City  of  Portland. 

[Am.  May  3,  1913,  §63.] 

Sec.  158 — Council  May  Make  Rules  to  Govern  : 

The  Council  shall  have  power  to  make  all  orders,  rules  and 
regulations  necessary  or  appropriate  to  carry  into  effect  the  powers 
granted  and  to  make  the  same  effective  by  penalties  and  forfeitures, 
and  upon  failure  by  any  franchise  holder  to  comply  with  any  of 
the  requirements  of  sections  157,  178,  179  or  180  of  this  Charter 
for  a  period  of  thirty  days  after  notice,  the  Council  shall  have  power 
to  declare  by  ordinance  a  forfeiture  of  the  franchise  under  which 
any  person  or  corporation  so  failing  to  comply  is  operating  a  public 
utility  within  the  City  of  Portland. 

Every  such  order,  rule  or  regulation  of  the  Council  shall  take 
effect  at  a  time  to  be  therein  specified,  and  shall  continue  in  force 
until  modified  or  abrogated  by  the  Council  or  modified,  suspended 
or  set  aside  by  the  decree  or  judgment  of  a  court  of  competent 
jurisdiction. 

Whenever  any  person  or  corporation  against  whom  any  rule, 
order  or  regulation  is  directed,  as  provided  by  the  foregoing  sub- 
division shall  believe  an  order  to  be  unjust  or  unreasonable,  he 
or  it  may  test  its  justice  or  reasonableness  by  a  proper  action  in  the 
courts  commenced  within  thirty  days  after  service  of  any  such  order, 
rule  or  regulation,  and  in  such  action  such  further  order  may  be 
entered  in  the  premises  as  shall  be  warranted  by  the  facts  developed 
upon  the  trial  and  the  law  applicable  thereto. 

[Am.  May  3,  1913,  §64.] 

Sec.  159 — Franchise  Subject  to  Charter  Provisions  : 

Every  franchise  hereafter  granted  shall  be  expressly  subject  to 
all  the  provisions  of  the  foregoing  sections  and  the  power  of  con- 
trol and  regulation  as  authorized  by  such  sections  cannot  be  limited, 
divested  or  granted  away.  Subject  to  the  initiative  and  referendum 
such  power  of  control  and  regulation  shall  be  exercised  by  the  Coun- 
cil and  may  be  exercised  by  the  Council  through  its  agents. 

[Am.  May  3,   1913,   §65.] 

Sec.  160 — Limiting  Indebtedness  to  Be  Incurred: 

-  No  indebtedness  shall  be  incurred  for  the  acquisition  of  any 
public  utility  under  the  provisions  of  this  Charter  which,  together 
with  the  existing  bonded  indebtedness  of  the  city,  shall  exceed  at 
any  one  time  seven  per  centum  of  the  assessed  value  of  all  real  and 
prsonal  property  in  the  city,  but  in  estimating  such  bonded  indebt- 
edness, all  bonds  given  for  the  acquisition  or  construction  of  public 
properties  and  utilities,  the  interest  on  which  bonds  is  paid  out  of 


PUBLIC  UTILITIES  AND  FBANCHISES  61 

the  earnings  of  said  public  utilities  or  properties,  shall  be  excluded, 
provided  that  whenever  and  for  so  long  as  such  utility  or  under- 
taking fails  to  produce  a  sufficient  revenue  to  pay  all  costs  of  opera- 
tion and  administration  (including  interest  on  the  city  bonds 
issued  therefor  and  the  cost  of  insurance  against  loss  by  fire,  acci- 
dents and  injuries  to  persons)  and  an  annual  amount  sufficient  to 
pay  at  or  before  maturity  all  bonds  issued  on  account  of  said  under- 
taking, all  such  bonds  outstanding  shall  be  included  in  determining 
the  limitation  of  the  city's  power  to  incur  indebtedness,  unless  the 
principal  and  interest  thereof  be  payable  exclusively  from  the 
receipts  of  such  undertaking.  The  Auditor  shall  annually  report 
to  the  Cbuncil  in  detail  the  amount  of  revenue  from  each  such 
undertaking  and  whether  there  is  any,  and  if  so,  what,  deficit  in 
meeting  the  requirements  above  set  forth. 

[Ch.    1903,   §88.] 

AETICLE  2— PUBLIC  DOCKS. 

Sec.  161 — Creating  Department  of  Public  Docks  : 

There  is  hereby  created  a  department  in  the  City  of  Portland 
known  as  the  "Department  of  Public  Docks." 

[Am.  Nov.  8,  1910,  Subdiv.  1  of  §118.] 

Sec.  162 — Administration  : 

The  Department  of  Public  Docks  shall  be  administered  by  a 
dock  commission  composed  of  five  (5)  members,  who  shall  be  ap- 
pointed by  the  Mayor.  Within  ten  (10)  days  after  the  adoption 
of  this  measure  the  Mayor  shall  appoint  five  (5)  persons,  who  are 
qualified  voters  and  have  been  three  (3)  years  residents  of  the 
City  of  Portland,  members  of  the  dock  commission.  Such  persons 
shall  determine  by  lot  among  themselves  the  length  of  their  terms, 
for  one,  two,  three,  four  and  five  years,  respectively.  On  the 
expiration  of  the  term  of  any  member  his  successor  shall  be  ap- 
pointed by  the  Mayor.  Resignations,  when  made,  shall  be  addressed 
to  and  accepted  by  the  Mayor,  and  vacancies  filled  by  him  by 
appointment  for  the  unexpired  term.  The  members  shall  serve 
without  salary  or  compensation  of  any  nature.  Within  ten  days 
after  their  appointment  the  commission  shall  meet  and  organize 
by  the  election  of  a  chairman  and  secretary  and  by  making  pro- 
vision for  stated  meetings. 

[Am.  Nov.  8,  1910,  Subdiv.  2  of  §118.] 

Sec.  163 — Powers  and  Duties  of  Dock  Commission  : 

The  commission  shall  have  power,  and  it  shall  be  its  duty  for 
and  on  behalf  of  said  City  of  Portland : 

(a)  To  cause  to  be  prepared  a  comprehensive  plan  for  the 
reconstruction  of  the  harbor  front  of  the  City  of  Portland,  making 
provision  for  the  needs  of  commerce  and  shipping  and  providing 
for  the  reconstruction  of  such  docks,  piers,  slips,  wharves,  basins, 


62  PORTLAND  CITY  CHAETER 

cranes  and  dock  apparatus  as  they  may  deem  necessary  for  the 
convenient  and  economical  accommodation  and  handling  of  water 
craft  of  all  kinds  and  of  goods  and  passengers;  and  they  may 
modify  such  plans  from  time  to  time  as  the  requirements  of  com- 
merce and  shipping  and  the  advance  of  knowledge  and  informa- 
tion on  the  subject  may  suggest. 

(&)  And  as  a  part  of  such  plan  to  provide  for  public  owned 
docks  of  such  number  and  character  and  in  such  places  as  the  com- 
mission may  deem  feasible  and  proper. 

(c)  To  purchase  or  acquire  by  condemnation,  as  hereinafter 
provided,  or  by  other  lawful  means,  such  lands,  or  rights,  or  inter- 
ests therein,  as  may  be  proper  or  necessary  for  use  in  the  con- 
struction of  any  public  owned  dock,  wharf,  pier,  slip,  basin  or 
other  structure  as  may  be  provided  for  in  such  plan.  If  the  com- 
mission shall  deem  it  proper  and  expedient  that  the  city  should 
acquire  possession  of  such  wharf,  property,  or  land,  and  no  price 
can  be  agreed  upon  between  the  commission  and  the  owner  thereof, 
the  commission  may  direct  the  City  Attorney  to  take  legal  proceed- 
ings to  acquire  the  same  for  the  City  in  the  same  manner  as  land 
is  condemned  for  the  purpose  of  parks,  or  as  is  or  may  be  provided 
by  the  general  laws  of  the  State  of  Oregon  in  the  case  of  corpora- 
tions having  the  right  of  eminent  domain.  The  title  to  all  lands 
acquired  by  the  commission  shall  be  taken  in  the  name  of  the  City 
of  Portland.  If  any  lands  acquired  by  the  commission  shall  become 
unavailable  for  the  purposes  for  which  they  were  acquired  they 
shall  become  the  property  of  the  City  of  Portland,  free  from  any 
restriction,  upon  the  passing  of  a  resolution  so  declaring  by  the 
commission;  the  commission  may  exchange,  or  otherwise  dispose 
of  the  same,  in  the  discharge  of  its  duties,  as  hereinafter  set  forth. 
No  further  evidence  or  attempt  by  the  commission  to  agree  with 
the  owners  of  property  shall  be  required  than  the  sending  of  an 
offer  by  registered  mail  to  the  owner  or  occupant  by  name,  if 
known;  if  not  by  such  general  designation,  at  the  premises,  if 
occupied ;  if  not  by  posting  a  notice  in  a  conspicuous  place  on  said 
premises  for  ten  (10)  days  prior  to  the  institution  of  the  suit 
setting  forth  the  amount  of  the  offer  made  by  the  commission. 

(d)  The  commission  shall  have  exclusive  charge  and  control 
of  the  wharf  property  belonging  to  the  City  of  Portland,  including 
all  the  wharves,  piers,  bulkheads  and  structures  thereon,  and  waters 
adjacent  thereto,  and  all  the  slips,  basins,  docks,  water  fronts,  lands 
under  water  and  structures  thereon  and  the  appurtenances,  ease- 
ments, uses,  reversions  and  rights  belonging  thereto  which  are  now 
owned  or  possessed  by  said  corporation  or  to  which  said  corpora- 
tion is  or  may  become  entitled,  or  which  said  corporation  may 
acquire  under  the  provisions  hereof,  or  otherwise.  The  commis- 
sion shall  have  the  exclusive  charge  and  control  of  the  repairing, 
building,  rebuilding,  operation,  alteration,  and  leasing  of  said  prop- 


PUBLIC  UTILITIES  AND  FEANCHISES  63 

erty  and  every  part  thereof  and  all  of  the  cleaning,  dredging  and 
deepening  necessary  in  and  about  the  same. 

(e)  The  commission  is  also  vested  with  exclusive  govern- 
ment and  control  of  all  wharf  property,  wharves,  piers,  bulkheads 
and  structures  thereon,  and  waters  adjacent  thereto,  and  all  the 
basins,  slips,  and  docks,  with  the  land  under  water,  of  said  City 
not  owned  by  said  corporation.  The  powers  conferred  by  the  law 
of  1862,  being  Sections  4042  and  4043  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon,  in  respect  of  piers  and 
wharves,  the  same  being  Sections  5201  and  5202  of  the  laws  of 
the  State  of  Oregon,  as  prepared  and  annotated  under  the  super- 
vision of  William  F.  Lord,  code  commissioner,  and  published  in 
the  year  1910,  are  hereby  vested  in  the  said  commission.  The  said 
commission  shall  further  have  and  exercise  all  the  powers,  rights 
and  duties  in  respect  of  the  subject  matter  herein  provided  for  and 
that  are  now  had  or  enjoyed  by  the  City  of  Portland  or  by  any 
of  its  departments,  or  officers,  and  especially  the  powers  and  duties 
conferred  by  subdivisions  76,  77  and  78  of  Section  73  of  the  Charter 
of  the  City  of  Portland  (1903) ;  provided,  however,  that  the  grant 
of  power  herein  contained  shall  in  no  wise  limit,  modify  or  restrict 
the  powers  conferred  upon  and  exercised,  by  the  municipal  corpora- 
tion known  as  the  Port  of  Portland,  by  its  charter  and  several 
amendments  thereto.  Said  commissioners,  in  addition  to  a  general 
control  over  the  harbor  front  of  the  City,  as  aforesaid,  shall  have 
authority  to  use,  for  loading  and  landing  merchandise  with  the 
right  to  collect  dockage,  wharfage  and  tolls  thereon,  as  hereinafter 
provided,  such  portions  of  the  streets  of  the  City  of  Portland  ending 
or  fronting  upon  the  Willamette  River  in  said  City,  as  may  be  used 
for  said  purposes  without  materially  obstructing  the  use  of  the 
same  for  access  to  the  river. 

(f)  In  the  construction  of  docks,  or  the  performance  of  other 
work,  the  commission  shall  proceed  only  after  public  notice  asking 
for  proposals  based  upon  the  plans  and  specifications  previously 
submitted  and  filed  with  the  commission  by  its  engineer,  and  ap- 
proved by  them;  provided  that  when,  in  the  judgment  of  the  com- 
mission, the  bids  received  are  excessive,  or  otherwise  unsuitable,  the 
commission  may  proceed  to  do  the  work  directly.  The  commission  shall 
in  all  cases  have  the  right  to  reject  any  and  all  bids.  In  the  event 
that  it  shall  perform  the  work  directly  or  without  contract,  it  shall 
make  no  purchase  of  materials  in  amounts  exceeding  one  hundred 
dollars  ($100.00)  except  by  public  letting,  or  in  case  of  failure 
to  receive  bids  after  reasonable  notice  in  a  public  newspaper  of  the 
City  of  Portland,  or  in  case  of  extreme  emergency  where  the  delay  of 
public  letting  might  cause  serious  loss  or  injury  to  the  work. 

(g)  The  commission  shall  have  the  power  to  make  general 
rules  and  regulations  for  the  carrying  out  of  the  plans  proposed 
by  it  for  the  building,  rebuilding,  repairing,  alteration  and  main- 


64  PORTLAND  CITY  CHAETER 

tenance  of  all  structures,  erections  or  artificial  constructions  upon 
or  adjacent  to  the  water  front  of  the  City  of  Portland,  and,  except 
as  provided  by  the  general  rules  of  the  commission,  no  new  struc- 
tures or  repairs  upon  or  along  said  water  front  shall  be  under- 
taken, except  upon  application  to  the  commission  and  under  per- 
mit by  it  and  in  accordance  with  the  general  plans  of  the  commis- 
sion and  in  pursuance  of  specifications  submitted  to  the  commis- 
sion and  approved  by  them  upon  such  application.  The  general 
rules  and  regulations  of  the  commission  shall  be  embodied  in  the 
forms  of  ordinances  and  certified  copies  thereof  shall,  forthwith 
upon  their  passage,  be  transmitted  to  the  Auditor  of  the  City  of 
Portland,  who  shall  cause  the  same  to  be  transcribed  at  length  in 
a  book  kept  for  that  purpose  and  the  same  shall  be  included  in  any 
publication  or  compilation  of  ordinances  of  the  City  of  Portland. 
Such  book  shall  be  a  public  record  and  the  same  and  copies  thereof, 
shall  be  accessible  to  the  public  under  like  terms  and  conditions 
as  other  ordinances  of  the  City  of  Portland;  provided,  however, 
that  the  commission  may,  in  its  discretion,  withhold  from  publi- 
cation the  places  where  the  public-owned  docks  proposed  by  it 
are  to  be  situated  until  the  same  shall  be  acquired.  All  such  ordi- 
nances or  general  regulations  prescribed  by  the  commission  shall 
be  subject  to  amendment,  repeal  or  alteration  on  referendum  or 
by  the  initiative  in  like  manner  as  ordinances  of  the  City  of  Port- 
land. The  commission,  however,  shall  have  power  and  authority 
to  prescribe  administrative  regulations  of  a  temporary  nature  and 
to  alter  the  same  from  time  to  time  without  other  record  of  the 
same  than  in  its  own  books. 

(h)  The  commission  shall  have  the  power  to  fix  and  regu- 
late from  time  to  time,  and  from  time  to  time  to  alter  the  dock- 
age, wharfage,  and  cranage  charges  for  all  public-owned  docks, 
piers,  wharves,  or  slips,  and  a  schedule  of  such  regulations  shall  be 
enacted  in  the  form  of  ordinances  and  a  certified  copy  thereof 
shall  be  transmitted  to  the  Auditor  of  the  City  of  Portland  in  like 
manner  as  other  ordinances  before  the  same  shall  go  into  or  be 
in  effect. 

(i)  The  power  and  authority  over  that  part  of  the  streets  of  the 
City  of  Portland  which  abut  upon  or  intersect  its  navigable  waters, 
lying  between  the  harbor  line  and  the  first  intersecting  street,  meas- 
uring backward  from  high  water  mark,  is  hereby  conferred  upon  and 
vested  in  the  docks  commission  to  the  extent  only  that  may  be 
necessary  or  requisite  in  carrying  out  the  powers  elsewhere  vested 
in  it  by  this  act;  and  it  is  hereby  declared  that  such  power  shall 
include  the  right  to  build  docks,  wharves,  piers,  retaining  or  sea 
walls,  or  other  construction  across  and  upon  such  streets;  provid- 
ing, only,  that  access  be  provided  to  the  public  at  the  shoreward 
end  thereof.. 


PUBLIC  UTILITIES  AND  FRANCHISES  65 

In  case  it  shall  be  necessary  to  vacate  any  street  or  part  of 
street  in  this  section  referred  to  for  the  purpose  of  carrying  out^  the 
powers  vested  in  the  docks  commission  under  this  act,  proceedings 
for  such  vacation  shall  be  conducted  as  follows: 

The  docks  commission  or  any  other  person  shall  petition  the 
Mayor  and  Council,  setting  forth  the  particular  circumstances  of 
the  case  and  giving  a  distinct  description  of  the  property  to  be 
vacated  and  the  names  of  the  persons  particularly  affected  thereby, 
such  persons  to  include  all  owners  of  property  abutting  upon  the 
portion  of  the  street  to  be  vacated.  Such  petition  shall  be  filed  with 
the  City  Auditor  thirty  days  previous  to  the  session  of  the  City 
Council  at  which  time  the  same  is  proposed  to  be  considered,  and 
notice  of  the  pendency  of  such  petition  shall  be  given  for  the  same 
space  of  time  in  a  public  newspaper  printed  in  said  town.  At  such 
session,  if  the  petitioner  shall  produce  the  written  consent  of  the 
owners  of  the  property  abutting  upon  said  street,  the  Council 
shall  proceed  to  hear  and  determine  upon  said  application,  and 
may  grant  the  prayer  of  the  petition,  in  whole  or  in  part.  If  oppo- 
sition be  made  to  such  petition,  the  Council  shall  continue  the 
application  until  its  next  session  and  shall  then  hear  all  parties 
interested,  and  determine  upon  the  vacation  or  deny  the  same,  as 
may  seem  just  in  the  premises.  No  such  vacation  shall  take  place 
unless  the  consent  of  the  person  or  persons  owning  the  property 
immediately  adjoining  said  street  or  alley  be  obtained  thereto  in 
writing,  which  consent  shall  be  acknowledged  before  some  officer 
authorized  to  take  acknowledgments  of  deeds,  and  filed  with  the 
County  Clerk.  Such  vacation  shall  vest  in  the  owners  for  the  time 
being  of  the  lots  or  ground  bordering  thereon  on  either  side,  in 
equal  proportions. 

(j)  The  commission  shall  have  the  power  to  employ  such 
officers,  employes,  and  agents  as  may  be  necessary  in  the  efficient 
and  economical  carrying  out  of  its  duties  and  to  fix  and  provide 
for  their  compensation.  All  permanent  officers  and  employes  of  the 
commission,  except  consulting  or  technical  employes,  and  employes 
engaged  in  construction,  shall  be  subject,  in  respect  of  their  ap- 
pointment and  removal,  to  the  civil  service  rules  of  the  City  of 
Portland.  All  offices,  places  and  employments  in  the  permanent 
service  of  the  commission  shall  be  provided  for  by  ordinance  duly 
passed  and  a  list  of  the  same  shall  be  transmitted  to  the  civil  service 
commission  for  classification  in  like  manner  as  other  employments 
in  the  service  of  the  City. 

(Tc)  The  commission  shall  annually  make  to  the  Mayor  of 
the  City  of  Portland  a  full  report  of  its  doings  for  the  year,  includ- 
ing an  itemized  account  of  its  receipts  and  expenditures,  and  of  its 
estimated  receipts  and  expenditures  for  the  ensuing  year.  Such 
report  shall  be  made  at  the  same  time  as  reports  of  the  other 
departments  of  the  City  are  submitted.    Such  report  shall  include 


66  PORTLAND  CITY  CHARTER 

a  careful  estimate  of  the  amount  necessary  over  and  above  net  cur- 
rent receipts  of  the  commission  to  pay  interest  on  its  bonded  in- 
debtedness then  outstanding ;  to  provide  for  the  sinking  fund  here- 
inafter described  and  for  the  necessary  expenses  of  the  commission 
in  the  maintenance  and  operation  of  dock  property,  a  tax  levy 
sufficient  to  raise  the  amount  named  in  said  estimate  shall  annually 
be  made  by  the  Council  of  the  City  of  Portland  in  such  manner 
and  at  such  time  as  other  taxes  are  levied.  In  the  event  of  the 
failure  of  the  Council  to  make  such  levy,  the  amount  of  the  esti- 
mate of  the  commission  may  be  certified  by  it  to  the  County  Clerk 
in  like  manner  and  with  the  same  effect  as  in  the  case  of  other 
corporations  having  the  power  to  levy  a  tax.  The  amount  of  such 
tax,  however,  shall  in  no  case  exceed  one-tenth  of  one  mill  upon 
the  assessed  valuation  of  the  City  of  Portland  in  addition  to  the 
amount  necessary  to  pay  the  interest  and  sinking  fund,  on  the 
outstanding  bonds  of  the  commission. 

(I)  The  commission  is  hereby  authorized,  in  the  name  of  and 
under  the  corporate  seal  of  the  City  of  Portland,  to  issue  and  dis- 
pose of  bonds  of  the  City  of  Portland  to  an  amount  not  exceeding 
two  million  five  hundred  thousand  dollars  ($2,500,000.00),  of  such 
denomination  as  the  commission  may  determine,  and  in  such  form 
as  they  may  direct.  The  commission  may  prescribe  the  length  of 
time  for  which  said  bonds  shall  run,  and  that  such  bonds,  or  a  pre- 
scribed portion  of  them,  may  be  retired  at  any  time  after  ten 
years.  Such  bonds  may  be  issued  in  series,  as  the  necessity  for  the 
expenditure  of  money  in  the  progress  of  the  work  of  the  commis- 
sion may  arise.  The  bonds  shall  be  signed  by  the  Mayor  and  coun- 
tersigned by  the  Auditor  of  the  City  of  Portland.  Coupons  shall 
be  attached  with  engraved  signatures  of  the  Mayor  and  Auditor. 
Said  bonds  shall  contain  a  promise  on  the  part  of  the  City  of  Port- 
land, to  pay  to  the  bearer  of  said  bonds,  or  the  registered  holder, 
if  the  same  shall  be  registered,  at  the  maturity  thereof,  the  sum 
mentioned  therein  in  gold  coin  of  the  United  States,  together  with 
such  interest  thereon  in  like  gold  coin,  as  said  commissions  shall 
prescribe,  not  to  exceed  six  per  cent  per  annum,  payable  half-yearly. 
Said  bonds  shall  be  known  as  "Dock  Bonds  of  the  City  of  Port- 
land." They  shall  be  sold  to  the  highest  responsible  bidder,  but 
the  commission  may  reject  any  and  all  bids  tendered  for  the  same, 
and  proceed  to  readvertise  when  bids  are  not  satisfactory.  The 
Treasurer  of  the  City  of  Portland  shall  have  the  care  and  custody 
of  all  moneys  received  from  the  sale  of  said  bonds,  and  shall  pay 
out  the  same  on  the  warrants  of  the  chairman  of  the  commission, 
countersigned  by  its  secretary,  and  not  otherwise.  The  proceeds 
from  the  sale  of  the  said  bonds  shall  be  expended  by  the  commis- 
sion, first,  in  the  payment  of  the  expenses  of  the  issuance  of  the 
said  bonds;  second,  for  the  preparation  of  the  plan  provided  for 
by  Section  3 ;  third,  for  the  purchase  of  land  for  the  docks,  or  the 


PUBLIC  UTILITIES  AND  FRANCHISES  67 

purchase  of  lands  and  docks,  or  in  pursuance  of  condemnation  pro- 
ceedings; and,  fourth,  in  the  construction  and  maintenance  of 
docks,  piers,  slips  and  wharves,  and  in  the  maintenance  and  opera- 
tion and  management  of  the  same,  and  in  the  exercise  of  the  com- 
mission's general  powers.  The  bonds  may  contain  such  provision 
for  their  redemption  as  the  commission  may  prescribe,  but  in  the 
event  of  no  provision  being  made  therein,  after  five  years  from  the 
issuance  of  any  series  of  bonds,  not  less  than  two  per  cent  of  the 
principal  thereof  shall  be  set  aside  as  a  sinking  fund  and  invested 
in  income  bearing  securities,  preference  being  given  to  bonds  of 
the  City  of  Portland;  such  security  in  no  case  to  have  a  date  of 
maturity  subsequent  to  that  of  the  bonds  for  the  payment  of  which 
they  are  to  provide. 

(m)  All  moneys  received  by  the  commission  shall  be  paid 
to  the  City  Treasurer  and  by  him  kept  in  a  seperate  fund.  Dis- 
bursements shall  be  made  by  him  on  warrants  of  the  president  and 
secretary  of  the  commission,  in  pursuance  of  its  general  purposes 
and  after  express  authority  or  ordinance,  or  resolution  of  the  com- 
mission. The  books  of  the  commission  may  from  time  to  time  be 
audited  by  the  City  Auditor  of  the  City  of  Portland  under  the 
direction  of  the  Mayor  in  such  manner  and  at  such  time  as  he 
may  prescribe. 

[Am.  Nov.  8,  1910,  Subdiv.   3  of  §118.] 

Sec.  164 — 1907  Dock  Bond  Act  Repealed: 

That  that  part  of  section  118  of  an  act  entitled  "An  Act  to 
Incorporate  the  City  of  Portland,  Multnomah  County,  State  of 
Oregon,  and  to  provide  authority  (a  charter)  therefor,  and  to  repeal 
all  acts  or  parts  of  acts  in  conflict  therewith,''  filed  in  the  ofiice  of  the 
Secretary  of  State,  January  3,  1903,  which  was  added  to  said 
section  118  by  an  act  adopted  by  the  people  of  the  City  of  Portland 
on  January  3,  1907,  under  and  pursuant  to  a  resolution  of  the 
Council  of  the  City  of  Portland,  adopted  April  3,  1907,  the  ballot 
title  of  which  in  said  election  was  "five  hundred  thousand  dollars 
of  dock  bonds  to  be  authorized  for  the  purchase  of  land  for  docks, 
and  construction  and  improvement  of  public  docks,  to  be  owned 
by  the  City  of  Portland,  by  an  amendment  to  section  118,  of  the 
City  Charter,"  be  and  the  same  is  hereby  repealed. 

[Am.  Nov.  8,  1910,   Subdiv.  4  of  §118.] 

ARTICLE  3— PUBLIC  INCINERATUSTG  PLANT. 

Sec.  165 — Authorizing  Bond  Issue: 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  city  to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  exceed- 
ing two  hundred  thousand  dollars  ($200,000.00),  of  the  denomina- 
*tion  of  five  hundred  dollars  ($500.00)  or  one  thousand  dollars 
($1,000.00),  as  the  Council  may  determine,  and  in  such  form  as 


68  POETLAND  CITY  CHARTER 

said  Council  shall  select,  with  interest  coupons  attached  thereto. 
The  said  bonds  shall  be  signed  by  the  Mayor  and  countersigned 
by  the  Auditor  of  the  City  of  Portland,  and  each  of  said  coupons 
shall  have  the  signatures  of  the  Mayor  and  of  the  Auditor  of  said 
City  of  Portland  engraved  thereon,  whereby  the  City  of  Portland 
shall  be  held  and  considered  in  substance  and  effect  to  undertake 
and  promise  in  consideration  of  the  premises  to  pay  to  the  bearer 
of  each  of  said  bonds  at  the  expiration  of  twenty-five  years  from  the 
date  thereof,  the  sum  named  therein,  in  gold  coin'  of  the  United 
States,  together  with  interest  thereon  in  like  coin  at  the  rate  of 
four  per  centum  per  annum,  payable  half-yearly  as  provided  in 
said  coupons.  The  bonds  issued  in  pursuance  of  the  authority 
hereby  granted  shall  be  known  as  Crematory  Bonds  of  the  City  of 
Portland,  Oregon,  Series  1913. 

The  bonds  herein  provided  for  and  authorized  to  be  issued  shall 
be  advertised  and  sold  to  the  highest  responsible  bidder.  The 
Council  may  reject  any  and  all  bids  tendered  for  such  bonds  and 
proceed  to  re-advertise  the  same  when  the  bids  are  not  satisfactory. 
The  Treasurer  of  the  City  of  Portland,  Oregon,  shall  have  the  care 
and  custody  of  all  moneys  received  from  the  sale  of  said  bonds 
or  otherwise,  and  shall  pay  out  the  same  on  the  warrants  of  the 
Mayor,  countersigned  by  the  Auditor,  not  otherwise. 

The  proceeds  of  the  sale  of  the  bonds  herein  provided  for  shall 
be  expended  by  the  Council  in  the  payment  of  the  expenses  of 
advertising  and  issuing  said  bonds,  and  in  the  acquisition  of  land 
for  incinerating  plants,  either  in  the  direct  purchase  thereof  or  in 
pursuance  of  condemnation  proceedings  in  the  manner  provided 
by  the  statutes  of  the  State  of  Oregon  for  the  appropriation  of 
land  for  corporate  purposes;  and  by  the  Board  of  Health*  in  pur- 
suance of  appropriations  therefor  in  the  purchase,  construction, 
installation,  improvement  and  repair  of  an  incinerating  plant  and 
its  necessary  accessories.  Said  incinerating  plant  shall  be  under 
the  management,  control  and  supervision  of  the.  Board  of  Health. 
The  Council  is  hereby  authorized  to  provide  a  rate  to  be  charged 
for  the  collection  and  removal  of  garbage. 

[Am.  June  2,   1913,  §425%A.] 
*See  §§16-17. 

ARTICLE  4— FRANCHISES. 

Sec.  166 — Franchise  Is  Property: 

Every  franchise  granted  under  this  Charter  shall  be  taken 
and  deemed  as  property  and  shall  be  subject  to  taxation  as  property. 

[Ch.  1903,  §100;  Airu  May  3,  1913,  §67.] 

Sec.  167 — Council  May  Authorize  Industrial  Tracks  : 

The  Council  shall  have  power  on  application  or  assent  in  writ- 
ing of  the  owners  of  a  majority  part  in  extent  of  the  lots  or  tracts 
of  land  fronting  on  each  side  of  that  portion  of  any  street  or  part 
of  a  street  on  which  it  is  desired  to  construct  railroad  tracks  for 


PUBLIC  UTILITIES  AND  FEANOHISES  69 

spurs,  sidings  or  switches,  other  than  those  for  street  railways, 
to  grant  revocable  permits  for  the  use  of  streets  for  that  purpose, 
subject  to  sections  158  and  171  of  this  Charter. 

[Ch.  1903,  §102;  Am,  May  3,  1913,  §68.] 

Sec.   168 — Authorizing  Agreement  with  Commercial  Eail- 

ROADS: 

The  Council  shall  have  "power  and  authority  by  ordinance  duly 
passed  to  agree  with  any  corporation,  firm  or  person  constructing  a 
commercial  railroad  and  desiring  to  enter  the  City,  upon  the  extent, 
terms  and  conditions  upon  which  the  streets,  allews,  or  public 
grounds  of  the  city  may  be  appropriated,  used  or  occupied  by  such 
railroad  and  upon  the  manner,  terms  and  conditions  under  which 
the  cars  and  locomotives  of  such  railroad  may  be  run  over  and 
upon  such  streets,  alleys  and  public  grounds;  such  agreements  shall 
be  subject  to  the  provisions  and  requirement®  of  sections  151  to 
159,  166  to  175,  and  E  and  F  of  section  177  of  this  Charter. 

'No  exclusive  right  for  the  aforesaid  purposes  shall  be  granted 
to  any  corporation,  firm  or  person  and  the  use  of  all  such  rights 
shall  at  all  times  be  subject  to  regulation  by  the  Council. 

[Ch.  1903,  §103;  Am.  May  3,  1913,  §69.] 

Sec.  169 — Common  User  Enquired: 

In  additioA  to  the  other  requirements  of  this  Charter  every 
ordinance  granting  such  right  shall  be  upon  the  condition  that 
such  grantee  shall  allow  any  other  railroad  company  to  use  in 
common  with  it  the  same  track  or  tracks  throughout  their  entire 
length  between  the  extreme  limits  for  which  the  franchise  is 
granted  including  any  private  rights  of  way  which  may  intervene 
upon  obtaining  the  consent  of  the  Council  expressed  by  ordinance 
prescribing  the  regulations  for  such  use,  and  the  compensation 
therefor,  each  paying  an  equitable  and  proper  proportion  of  the 
construction,  maintenance  and  repair  of  the  tracks  and  appur- 
tenances and  any  private  right  of  way  used  by  such  railroad  com- 
panies jointly,  such  proportion  to  be  fixed  by  the  Council. 

[Am.  May  3,  1913,  §70.] 

Sec.  170 — Limited  TIme  Franchises  : 

Franchises  may  be  granted  for  a  limited  time  in  and  upon 
the  streets,  highways  and  public  places  and  property  of  the  City  of 
Portland,  in  the  manner  aad  subject  to  the  conditions  hereinafter 
contained. 

[Am.   May  3,   1913,   §71.] 

Sec.  171 — No  Franchise  Exclusive  : 

No  exclusive  franchise  shall  be  granted  nor  shall  any  franchise, 
lease  or  right  be  granted  for  a  longer  period  than  twenty-five  years. 

[Am.    May    3,    1913,    §72.] 

Sec.  172 — Method  op  Granting  Franchises  : 

Every  franchise  shall  be  embodied  in  an  ordinance,  which  shall 
contain  all  the  terms  and  conditions  of  the  proposed  grant,  and 


70  PORTLAND  CITY  CHAETEE 

shall  be  filed  with  the  Auditor.  Thereupon  such  proposed  ordinance 
shall  be  published  in  full,  once  in  the  City  Official  Newspaper. 
There  shall  also  be  published,  in  a  conspicuous  place  in  such  daily 
newspaper  of  the  City,  having  a  circulation  in  excess  of  15,000, 
as  the  Council  may  direct,  a  notice  prepared  by  the  Auditor,  that 
an  application  has  been  made  for  a  franchise,  giving  the  name  of 
the  applicant,  the  character  and  locaiion  of  the  proposed  grant, 
and  requesting  any  person  having  any  objections  to  such  proposed 
franchise  or  any  provisions  thereof  to  file  the  same  in  writing  with 
the  Auditor  within  twenty  days  from  the  first  publication  of  such 
notice.  If  the  request  is  made  therefor,  the  Council  shall  fix  a 
time  for  a  hearing  upon  such  objections  and  give  reasonable  notice 
of  the  time  thereof  and  not  less  than  five  days.  All  of  such  publi- 
cations and  notices  shall  be  at  the  expense  of  the  applicants  for  such 
franchises. 

Such  ordinances  shall  not  come  up  for  first  reading  until  after 
the  expiration  of  the  said  twenty  days. 

If  such  ordinance  shall  be  amended,  it  shall  be  republished  in 
the  City  Official  Newspaper  in  full  as  amended. 

No  such  ordinance  granting  a  franchise  shall  be  put  on  final 
passage  within  thirty  days  after  the  first  reading  nor  within  twenty 
days  after  any  amendment  thereto,  and  the  affirmative  vote  of  four 
Commissioners  shall  be  required  to  pass  the  same. 

[Am.  May  3,  1913,  §73.] 

Sec  173 — When  Franchise  Takes  Effect  : 

No  franchise  shall  take  effect  until  sixty  days  after  its  passage 
unless  it  shall  receive  a  majority  of  the  votes  cast  thereon  at  d 
referendum  election  held  for  that  purpose  within  a  less  time.  The 
filing  of  a  petition  for  referendum  shall  defer  the  taking  effect  of 
a  franchise  until  after  the  election.  A  petition  signed  by  2000 
registered  voters  shall  be  sufficient  to  call  a  referendum  upon  any 
franchise  ordinance. 

[Am.  May  8,  1913,   §74.] 

Sec.  174 — Franchise  Conditions  Must  Be  Explicit — Specific 
Conditions  : 

Every  franchise  granted  by  the  City  of  Portland  shall  contain 
full  and  explicit  statements  of  its  conditions  in  the  following  par- 
ticulars: 

(a)  In  case  of  railroads  and  street  railways  it  shall  specify 
plainly  the  streets  or  other  public  places  or  parts  thereof  to  which 
they  apply.  Any  other  franchises  shall  state  the  boundary  of  the 
district  or  districts  within  which  they  shall  be  exercised. 

(h)  The  amount  and  manner  of  payment  of  the  compensa- 
tion to  be  paid  by  the  grantee  for  the  right. 

The  Council  shall  make  an  estimate  of  the  cash  value  of  any 
franchise  upon  the  filing  of  the  application,  or  an  estimate  of  what 
it  may  consider  fair  compensation  to  the  City  for  such  franchise, 


PUBLIC  UTILITIES  AND  FEANCHISES  71 

and  the  same  shall  be  entered  upon  the  minutes  of  the  proceedings 
of  the  Council  and  published  with  the  published  copy  of  the  fran- 
chise. 

In  lieu  of  a  money  valuation  the  Council  may  at  its  option 
declare  what  will  be  a  reasonable  reduction  of  fares,  rates  or  charges, 
either  at  the  beginning  or  progressively  from  time  to  time,  to  be 
made  by  the  grantee  in  compensation  for  the  grant. 

(c)  The  time  of  beginning  the  construction  or  other  work 
thereunder,  the  estimated  total  cost  of  such  work,  the  monthly 
or  yearly  sums  of  money  to  be  expended  thereon,  and  in  case  of 
franchises  to  transportation  companies  or  other  franchises  covering 
certain  streets  or  portions  of  streets,  the  time  within  which  the  work 
under  such  franchise  shall  be  completed  upon  such  streets  or  por- 
tions of  streets,  respectively. 

(d)  Every  grant  of  a  franchise  which  provides  for  or  per- 
mits the  changing  of  rates,  fares  or  charges  shall  contain  a  pro- 
vision fixing  the  maximum  that  the  holder  can  collect  for  services 
rendered  by  virtue  of  said  franchise  and  the  operation  of  the  plant 
or  property  thereunder;  subject,  however,  to  the  power  of  regula- 
tion prescribed  in  Section  158  of  this  Charter. 

Eates,  however,  shall  always  be  uniform  to  all  persons  of  like 
classes,  under  similar  circumstances  and  conditions. 

[Am.  May  3,  1913,  §75.] 

Sec.  175— -Written  Acceptance  Must  Be  Filed  : 

Every  grantee  of  any  franchise,  right  or  privilege  shall  within 
tbirty  days  after  the  ordinance  granting  the  same  shall  be  enforced, 
file  in  the  office  of  the  Auditor  a  written  acceptance  of  the  same,, 
and  a  failure  on  the  part  of  the  grantee  to  file  such  written  accept- 
ance within  the  time  specified  shall  be  deemed  an  abandonment  and 
rejection  of  the  rights  and  privileges  conferred,  and  the  ordinance 
granting  the  same  shall  thereupon  be  null  and  void;  such  accept- 
ance shall  be  unqualified  and  shall  be  construed  to  be  an  accept- 
of  all  the  terms,  conditions  and  restrictions  contained  in  the  ordi- 
nance granting  the  same. 

[Am.  May  3,  1913,  §76.] 

Sec.  176 — Council  May  Impose  Further  Conditions: 

The  enumeration  and  specification  of  particular  matters  which 
must  be  included  in  every  franchise  granted  shall  not  be  construed 
to  impair  the  right  of  the  City  to  insert  in  such  franchise  such 
other  and  further  conditions  and  restrictions  as  the  Council  may 
deem  proper  for  the  public  welfare. 

[Am.  May  3,  1913,  §77.] 

Sec.  177 — Conditions  and  Restrictions  on  Franchises  : 

Every  franchise  granted  by  the  City  shall  be  subject  to  the 

conditions  and  restrictions  hereinafter  provided,  to-wit: 

(a)     That  the  City  may  in  any  lawful  manner  and  upon  the 

payment  of  a  fair  valuation  lawfully  ascertained,  purchase,  con- 


72  PORTLAND  CITY  CHARTER 


demn,  acquire,  take  over  and  hold  the  property  and  plant  of  the 
grantee  in  whole  or  in  part;  if  such  purchase  or  taking  over  he 
at  the  expiration  of  the  term  of  the  franchise  such  valuation  shall 
not  include  any  sum  for  the  value  of  the  franchise  or  grant  under 
which  such  plant  and  property  is  being  operated. 

(&)  That  upon  payment  by  the  City  of  Portland  of  a  fair 
valuation,  as  above  stated,  the  plant  and  property  so  acquired  shall 
become  the  property  of  the  City  without  formal  execution  of  any 
instrument  of  conveyance,  provided,  however,  the  City  may  at  its 
option  compel  the  execution  to  it  of  an  instrument  of  transfer  and 
conveyance. 

(c)  That  upon  the  acquisition  of  any  such  plant  6r  property 
the  right  of  the  holder  of  any  such  franchise  pursuant  to  which 
such  plant  or  property  was  operated  shall  cease  and  determine,  and 
the  acquisition  by  the  City  of  any  such  property  or  plant  shall 
operate  to  divest  the  holder  of  any  such  franchise  of  all  right,  title 
and  interest  therein. 

(d)  No  franchise  shall  be  granted  without  fair  compensation 
to  the  City  therefor,  either  by  way  of  direct  payment  or  by  reduc- 
tion of  rates,  fares  or  charges,  and  in  addition  to  the  other  forms 
of  compensation  to  be  therein  provided,  the  grantee  may  be  required 
to  pay  annually  to  the  City  such  part  of  its  gross  receipts  as  may 
be  fixed  in  the  grant  of  said  franchise.  This  provision  shall  not 
exempt  the  holder  of  the  franchise  from  any  lawful  taxation  upon 
its  property  nor  from  any  license,  charge  or  imposition  not  levied  on 
account  of  such  use. 

(e)  Every  franchise  and  all  things  constructed  thereunder 
or  used  in  connection  therewith,  other  than  rolling  stock  and  power, 
shall  be  subject  to  common  use  by  any  person  or  corporation,  in- 
cluding the  City,  operating  a  similar  public  utility  whenever  it  shall 
be  advantageous  to  the  public  upon  payment  or  tender  of  fair 
compensation  for  such  use.  The  compensation  for  the  franchise 
itself  shall  be  payable  only  to  the  City  and  not  to  the  holder  of  the 
original  franchise. 

The  Council  shall  have  the  power  to  determine  what  is  a  fair 
compensation  and  to  regulate  the  manner  of  such  use  subject  to 
judicial  review,  but  no  judicial  proceeding  shall  suspend  or  post- 
pone such  use  if  the  person  or  corporation  desiring  such  common 
use  shall  deposit  in  the  court  such  sum  as  the  court  on  a  preliminary 
hearing  may  determine. 

Such  compensation  shall  not  include  any  remuneration  for  the 
franchise  or  rights  conferred  by  the  City,  except  that  the  new  user 
may  be  required  to  pay  a  ratable  part  of  any  tax  or  public  charge 
imposed  upon  the  original  grantee  by  reason  of  said  franchise,  in 
addition  to  such  other  payment  to  the  City  as  the  Council  may 
deem  equitable. 


•  PUBLIC  UTILITIES  AND  FRANCHISES  73 

(/)  The  holder  for  the  time  being  of  any  franchise  to  con- 
struct or  operate  railways  in  the  streets  or  public  places  shall  keep 
those  portions  of  streets  or  other  places  occupied  by  such  holder, 
in  good  order,  as  required  by  the  Council,  and  shall  pave,  improve, 
or  repair  and  maintain  from  time  to  time  in  the  manner  and  within 
the  time  directed  by  the  Council,  that  portion  of  the  street  occupied 
by  them  lying  between  the  rails  of  any  track  and  extending  one 
foot  outside  of  such  rail  and  the  portion  of  the  streets  lying  between 
the  tracks. 

In  addition  any  franchise  granted  to  any  street  or  other  rail- 
road, for  the  operation  thereof,  may  provide  that  the  holder  thereof 
for  the  time  being  shall  pave,  repave  and  keep  in  repair  at  the  time 
and  in  the  manner  required  by  the  Council  any  street  or  part  there- 
of used  pursuant  to  such  franchise  for  the  whole  or  any  part  of 
the  entire  width  of  the  street. 

Failure  or  neglect  upon  the  part  of  any  holder  of  a  franchise 
to  do  the  work  in  the  manner  and  within  the  time  required  by  the 
Council,  shall  constitute  an  offense  punishable  by  a  fine  of  not 
less  than  Ten  Dollars  nor  more  than  One  .Hundred  Dollars  for 
each  and  every  day  such  refusal  or  neglect  shall  continue. 

[Am.  May  3,  1913,  §78.] 

Sec.  178 — Consent  of  Council  Necessary  to  Transfer  of 
Franchise  : 
No  franchise  shall  be  sublet  or  assigned,  nor  shall  any  of  the 
rights  or  privileges  thereby  granted  or  authorized  be  leased,  as- 
signed, sold  or  transferred  without  the  consent  of  the  City  ex- 
pressed by  ordinance  which  shall  be  subject  as  other  ordinances  to 
the  referendum. 

[Am.   May  3,   1913,   §79.] 

Sec.  179 — Statement  Required  Within  Ninety  Days  : 

Within  ninety  days  after  this  Charter  shall  take  effect,  the  holder 
of  any  franchise  shall  file  with  the  Auditor  a  full  and  correct  state- 
ment of  the  franchise,  rights  and  privileges  owned  or  claimed  to 
be  owned  by  him  or  it,  and  shall  designate  the  same  by  the  num- 
bers and  titles  of  the  ordinances  by  which  such  franchises  were 
granted,  and  any  holder  of  any  franchise,  on  failure  so  to  do,  shall 
be  guilty  of  an  offense  punishable  by  a  fine  of  not  less  than  Ten 
Dollars  and  not  more  than  One  Hundred  Dollars  per  day  while 
such  refusal  or  neglect  continue.  The  holder  of  every  franchise, 
and  the  grantees  of  every  franchise  hereafter  granted,  on  sale, 
transfer,  mortgage  or  lease  being  made  of  such  franchise,  shall 
within  sixty  days  thereafter  file  with  the  Auditor  a  copy  of  the 
deed,  agreement,  mortgage,  lease,  or  other  written  instrument 
evidencing  such  sale,  transfer  or  lease,  certified  and  sworn  to  as 
correct  by  the  grantee,  in  person,  if  an  individual,  or  by  the  presi- 
dent or  secretary  or  authorized  agent,  if  a  corporation. 


74  POETLAISrD  CITY  CHAKTER 


Every  sale,  transfer,  mortgage  or  lease,  of  such  franchise, 
whether  voluntary  or  involuntary,  shall  be  deemed  void  and  of 
no  effect  unless  the  grantee  shall,  within  60  days  after  the  same 
shall  have  been  made,  file  such  certified  copy  as  required  by  this 
section  and  consented  to  as  provided  in  Section  178  of  this  Charter, 
also  unless  the  Council  agrees  to  such  sale  by  an  ordinance  expressly 
passed  for  that  purpose,  as  provided  by  Section  178. 

The  Auditor  shall  file  all  such  documents  and  shall  make  and 
keep  an  index  of  the  same  in  a  book  to  be  kept  by  him  for  that 
purpose,  which  book  shall  be  a  part  of  the  public  records  of  the 
City. 

[Am.   May   3,   1913,    §80.] 

Sec.  180 — Auditor  to  Keep  Eecord  of  Franchises  : 

The  Auditor  shall  keep  a  separate  record  for  each  grantee  of 
a  franchise  from  the  City  rendering  a  service  to  be  paid  for  wholly 
or  in  part  by  users  of  such  service,  w^hich  record  shall  show  in  the 
case  of  each  such  grantee: 

1.  The  true  and  entire  cost  of  construction,  of  equipment, 
of  maintenance  and  of  the  administration  and  operation  thereof; 
the  amount  of  stock  issued,  if  any;  the  amount  of  cash  paid  in, 
the  number  and  par  value  of  shares,  the  amount  and  character  of 
indebtedness,  if  any;  the  rate  of  taxes,  the  dividends  declared;  the 
character  and  amount  of  all  fixed  charges;  the  allowance,  if  any, 
for  interest,  for  wear  and  tear  or  depreciation;  all  amounts  and 
sources  of  income. 

2.  The  amount  collected  annually  from  the  City  treasury 
and  the  character  and  extent  of  the  service  rendered  therefor  to 
the  City. 

3.  The  amount  collected  annually  from  other  users  of  the 
service  and  the  character  and  extent  of  the  service  rendered  therefor 
to  them.  Such  books  of  record  shall  be  open  to  public  examina- 
tion at  any  time  during  the  business  hours  of  the  Auditor's  office. 
Such  information,  in  addition  to  any  further  data  which  may  be 
required  by  the  Auditor,  under  this  Charter,  shall  be  furnished 
by  the  grantees  or  holders  of  such  franchises  to  the  Auditor  upon 
his  request,  and  at  such  grantees'  own  cost  and  expense. 

4.  In  case  any  grantee  or  holder  of  a  franchise  fails  or  re- 
fuses to  furnish  such  information  when  requested  so  to  do  on 
petition  being  presented  on  behalf  of  the  City  to  the  Municipal 
Court,  such  court  shall  have  jurisdiction  to  compel  such  grantee  or 
owner  to  furnish  such  information  and  tax  the  costs  of  such  ap- 
plication against  the  defendant  in  such  proceeding  and  in  addition 
may  impose  a  fine  of  not  less  than  Twenty-five  nor  more  than  Five 
Hundred  Dollars  for  every  such  offense.  All  fines  collected  under 
this  Section  shall  be  paid  into  the  General  Fiind.  The  procedure 
on  such  application  shall  be  as  far  as  possible  analogous  to  that 
on  mandamus. 

[Am.  May  3,  1913,  §81.] 


PUBLIC  UTILITIES  AXD  FEANCHISES  75 

Sec.  181 — Forfeited  Franchises  : 

All  franchises  or  privileges  heretofore  granted  by  the  City 
which  are  not  in  actual  use  or  enjojrment  or  which  the  grantee 
thereof  has  not  in  good  faith  commenced  to  exercise  within  the 
time  required  by  the  terms  thereof  are  hereby  declared  forfeited 
and  of  no  validity.  This  Charter  shall  in  no  wise  validate  any  con- 
tract, privilege  or  franchise  not  heretofore  a  legal  and  valid  obliga- 
tion of  the  City. 

[Am.  May  3,   1913,  §82.] 

Sec.  182 — Abandonment  Restricted  : 

No  abandonment,  non-user  or  failure  to  comply  with  the 
terms  of  the  franchise  shall  release  the  holder  from  any  of  the 
obligations  thereof  without  the  consent  of  the  City  expressed  by 
ordinance  which  shall  be  subject  to  the  referendum.  Notwith- 
standing such  abandonment  the  provisions  of  the  franchise  may  be 
enforced,  but  upon  abandonment,  non-user,  or  failure  to  comply 
with  any  of  the  terms  of  the  franchises,  the  City  may  by  ordi- 
nance declare  a  forfeiture,  whereupon  all  rights  of  the  holders  of 
the  franchise  shall  immediately  be  divested  without  a  further  act 
upon  the  part  of  the  City,  and  in  case  of  a  franchise  for  occupancy 
of  streets,  the  holder  shall  be  required  notwithstanding  such  for- 
feiture, to  remove  its  structures  or  property  from  the  streets  and. 
restore  the  streets  to  such  condition  as  the  Council  may  require  or 
as  may  be  stipulated  in  the  grant;  and  upon  failure  to  do  so  the 
City  may  perform  the  work  and  collect  the  cost  thereof  from  the 
holder  of  the  franchise.  The  cost  thereof  shall  be  a  lien  upon  all  the 
plant  and  property  of  the  holder  of  the  franchise,  prior  to  any  other 
lien  except  that  of  City  assessments  or  general  tax,  and  the  City 
may  collect  the  same  as  a  City  assessment  or  in  any  other  lawful 
manner. 

[Am.  May  3,   1913,   §83.] 

Sec.  183 — Common  Transportation  Terminal: 

It  shall  be  the  policy  of  the  City  of  Portland  to  create  a  com- 
mon transportation  terminal,  both  land  and  water,  embracing  both 
sides  of  the  harbor  for  its  full  extent  in  the  city,  which  shall  be 
subject  to  entry  and  use  throughout  its  full  extent  by  all  common 
carriers  on  equal  terms,  as  far  as  the  property,  rights  and  jurisdic- 
tions of  the  city  may  apply  to  secure  same;  and  all  such  property, 
rights  and  jurisdictions  of  the  city  within  one  thousand  (1,000) 
feet  of  meander  line  specified  in  Section  93  of  the  Charter  of  1903 
as  amended  shall  be  subject  to  use  and  demands  for  such  common 
terminal  purposes  and  needed  connecting  roadways,  tracks  and 
appurtenant  facilities,  provided  that  the  public  docks  may  be  fur- 
nished with  warehouses  subject  to  lease. 

All  proposed  franchises,  grants,  privileges,  and  public  improve- 
ments and  other  improvements  as  far  as  the  jurisdiction  of  the  city 


76  PORTLAND  CITY  CHARTER 

may  extend,  effecting  such  territory  must  be  considered  in  relation 
to  said  common  terminal  and  adapted  thereto  in  a  systematic  way, 
and  shall  to  that  end  be  submitted^  to  the  City  Engineer  and  the 
official  or  officials  in  charge  of  the  public  docks  for  approval.  With- 
out the  approval  of  these,  it  shall  require  a  four-fifths  vote  of  the 
Council  to  pass  such  measure.  If  the  Council  pass  such  measure 
without  the  approval  aforesaid,  the  Mayor  shall  have  the  measure 
placed  upon  the  ballot  at  the  next  ensuing  regular  election  for 
approval  or  rejection  by  the  people. 

No  grant  or  franchise  affecting  this  territory  shall  confer  any 
superior  right  that  may  operate  to  defeat  the  purpose  of  this  act 
to  protect  the  common  access  on  equal  terms  in  said  territory  and 
any  provision  in  any  grant  or  franchise  contrary  to  said  purpose 
shall  be  null  and  void. 

The  purpose  of  this  act  being  to  provide  connections  for  and 
means  of  interchange  of  traffic  upon  the  lines  or  tracks  of  all  com- 
mon carriers,  public  or  private,  with  the  greatest  facility  and 
economy  and  the  least  obstruction,  inconvenience  and  cost  possible. 
The  City  Engineer  and  the  official  or  officials  in  charge  of  the  public 
docks  shall  at  once  draw  up  such  plan  and  elaborate  and  extend 
it  from  time  to  time  to  meet  the  purpose  of  this  act  as  public  needs 
develop. 

In  pursuance  of  the  policy  established  by  this  amendment,  the 
Mayor  shall  cause  to  be  made  an  inventory  of  all  public  properties 
and  rights  within  the  1,000-foot  limit  defined .  herein,  and  to  have 
said  properties  defined  and  recorded,  especially  between  meander 
and  harbor  lines,  and  utilize  the  same  to  the  fullest  possible  extent 
in  the  development  of  the  terminal  plan  herein  provided  for.  And 
wherein,  in  such  development,  the  City  may  lack  jurisdiction  or 
control,  the  Mayor  and  Council  are  required  to  use,  under  wise 
discretion,  their  best  efforts  to  secure  the  jurisdiction  and  control 
necessary. 

All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

[Am.  June  2,   1913,  §93^.] 

Sec.  184 — Multnomah  County  to  Operate  Bridges  and  Ferries  : 
All  ferries  now  or  hereafter  owned  or  leased,  and  all  bridges 
together  with  approaches  and  terminals,  heretofore  erected  or  leased, 
or  hereafter  to  be  erected  or  leased,  by  the  City  of  Portland  across 
the  Willamette  River  shall  be  operated  by  the  County  Court  of 
Multnomah,  as  now  provided  by  law,  or  as  may  hereafter  be  pro- 
vided by  law  at  the  expense  of  said  County  of  Multnomah.  No 
exclusive  franchise  or  privilege  shall  be  granted  to  any  person,  firm 
or  corporation,  for  the  use  of  the  whole  or  any  part  of  such  bridges, 
approaches  or  terminals.  All  privileges  or  franchises  that  may  be 
granted  by  the  City  of  Portland  for  the  use  of  the  whole  or  any 
part  of  such  bridges,  approaches  or  terminals  shall  be  for  a  term 


FINANCE  77 


not  exceeding  twenty-five  years,  and  the  comrpensation  to  be  paid 
the  City  by  any  person,  firm  or  corporation  desiring  to  use  such 
bridges  for  the  operation  of  cars  thereover,  shall  be  not  less  than 
three  cents  per  car  for  each  and  every  car  that  crosses  such  bridges 
in  each  direction.  Said  rental  shall  be  paid  at  the  end  of  each 
calendar  month  to  the  City  Treasurer.  The  Council  shall  specific- 
ally reserve  in  any  franchise  granted  over  any  of  said  bridges  the 
right  to  reasonably  regulate  the  number  and  routing  of  cars  across 
any  such  bridges. 

All  that  part  of  sections  231  to  235  and  section  236  of  the 
Charter  of  the  City  of  Portland,  entitled,  "An  Act  to  Incorporate 
the  City  of  Portland,  Multnomah  County,  State  of  Oregon,  and 
to  provide  a  Charter  therefor,  and  to  repeal  all  acts  or  parts  of 
acts  in  conflict  therewith,"  filed  in  the  office  of  the  Secretary  of 
State,  January  23,  1903,  as  amended,  in  so  far  as  the  same  conflict 
with  the  provisions  of  this  Section  be  and  the  same  are  hereby 
repealed. 

[Am.   Nov.   2,   1912,   §118%.] 


CHAPTEE  VIII. 

FINANCE. 

Sec.  185 — ^Public  Moneys  and  Municipal  Accounting: 

The'  Commissioner  of  Finance  shall  have  direct  control  of 
the  revenues  of  the  City  except  as  otherwise  provided  by  ordinance. 
The  Council  shall  by  ordinance  provide  a  system  for  the  collec- 
tion, custody  and  disbursements  of  all  public  moneys,  not  incon- 
sistent with  the  provisions  of  this  Charter,  and  shall  by  ordinance 
provide  a  system  of  accounting  for  the  City,  which  shall  be  so 
planned  as  to  enable  a  clear  and  intelligent  statement  to  be  made 
of  the  financial  affairs  of  the  City  from  time  to  time  as  provided 
by  this  Charter.  Such  system  shall  be  assimilated,  as  nearly  as  may 
be,  to  what  is  known  as  the  uniform  system  of  municipal  accounting. 

[Am.  May  3,  1913,  §84.] 

Sec.  186 — Estimate  for  Budget  : 

The  Commissioner  of  Finance  shall,  on  or  before  the  first  Mon- 
day in  October  of  each  year  certify  to  the  Council  the  amount  of 
money  necessary  to  be  raised  by  taxation  during  the  ensuing  fiscal 
year  to  meet  payments  of  interest,  sinking  fund  and  principal  of 
bonded  indebtedness,  and  also  the  estimated  amount  of  revenue 
from  all  sources  other  than  tax  levy. 

On  or  before  the  first  Monday  in  October  of  each  year 
the  Commissioner  in  charge  of  each  department  of  the  City  shall 
cause  to  be  prepared  and  furnished  to  the  Council,  estimates  in 
writing  of  the  public  expenses  to  be  incurred  in  his  department,  and 
each  branch  thereof,  for  the  ensuing  fiscal  year,  specifying  in  detail 


78  POETLAND  CITY  CHARTER 

such  probable  expenditures.     Duplicates  of  this  estimate  shall  be 
sent  at  the  same  time  to  the  C'onunissioner  of  Finance. 

[Am.  May  3,   1913,  §85.] 

Sec.  187 — Annual  Budget: 

On  or  before  the  third  Monday  in  November  in  each  year  the 
Council  shall  make  a  complete  budget  of  revenue  and  expenditure 
for  the  ensuing  fiscal  year,  and  when  said  budget  is  completed  and 
approved,  the  same  shall  be  filed  with  the  Auditor  and  published 
>X  in  the  City  Official  Newspaper  with  summaries  and  comparisons 
of  the  various  departments  for  the  current  fiscal  year. 

[Am.  May  3,  1913,  §86.] 

Sec.  188 — Annual  Estimate  for  Taxation  Purposes  : 

On  or  before,  the  first  day  of  January  in  each  year  the  several 
officers,  commissioners,  boards  and  departments  of  the  city,  except 
as  in  this  Charter  otherwise  provided,  shall  prepare  and  file  with 
the  Auditor  an  estimate  of  the  expenses  and  disbursements  for  the 
ensuing  year  of  their  respective  offices,  commissions,  boards  and 
departments.  From  such  estimates  the  Mayor  shall  prepare  his 
annual  budget  for  the  current  expenses  of  the  ensuing  year  and 
present  the  same  with  his  annual  message  to  the  Council.  When 
said  budget  has  been  received,  the  Council,  by  ordinance,  shall  esti- 
mate and  declare  the  necessary  amount  of  money  to  be  raised  by 
the  general  taxes  and  shall  levy  the  necessary  tax  therefor  which 
shall  be  certified  by  the  Auditor  to  the  County  Clerk  of  Mult- 
nomah County,  who  shall  extend  the  said  tax  in  an  appropriate 
column  upon  the  county  tax  roll.  The  said  tax  shall  be  collected 
by  the  officer  collecting  the  county  tax  and  shall  be  turned  over 
by  him  to  the  City  Treasurer  within  ten  days  after  he  has  collected 
the  same,  with  a  statement  of  the  amount,  of  money  so  collected  and 
the  year  or  years  for  which  the  amount  was  collected.  The  tax 
.  levy  as  certified  up  to  the  County  Clerk  shall  be  in  one  sum  and 
shall  be  entered  in  a  column  headed  "City  of  Portland  Tax." 
Neither  the  Sheriff  nor  the  Tax  Collector  of  Multnomah  County 
nor  said  county  shall  receive  any  fees  or  compensation  for  collect- 
ing such  taxes. 

[Ch.    1903,    §285.] 

Sec.  189 — Fiscal  Year  : 

The  fiscal  year  of  the  City  shall  commence  on  the  first  day 
of  December  and  end  on  the  last  day  of  November  of  the  succeed- 
ing year. 

[Ch.  1903,  §113;  Am.  May  3,  1913,  §87.] 

Sec.  190 — Annual  Tax  Lgevy  : 

The  Council,  on  or  before  the  31st  day  of  December  in  each 
year  shall  levy  upon  all  property  not  exempt  from  taxation  taxes 
to  provide  for  the  payment  of  expenses  of  the  City  for  the  ensuing 
year  as  follows: 


FINANCE  79 


1.  A  tax  not  to  exceed  8  mills  on  each  dollar  valuation  to 
provide  for  the  payment  of  the  general  expenses  of  the  City,  in- 
cluding maintenance  and  repair  of  sewers  and  paved  streets,  ex- 
cept as  hereinafter  in  this  Section  provided,  which  shall  be  credited 
to  the  General  F'lind. 

2.  A  tax  sufficient  to  meet  the  interest  on  the  bonded  in- 
debtedness of  the  City,  to  be  credited  to  the  bonded  indebtedness 
interest  fund. 

3.  A  tax  of  not  less  than  four-tenths  of  one  mill  on  each  dollar 
valuation  for  the  purchase,  payment  or  redemption  of  the  bonded 
indebtedness  of  the  City,  to  be  credited  to  the  sinking  fund. 

4.  A  tax  not  to  exceel  one-half  mill  on  each  dollar  valuation 
to  provide  for  the  construction  of  bridges  elsewhere  than  across 
the  Willamette  River,  the  filling  of  streets  across  gulches  and  ra- 
vines, the  estimated  cost  of  bridges,  not  to  be  less  than  $15,000  and 
the  fills  $20,000 ;  and  the  construction  of  overhead  or  underground 
crossings  across  railroad  tracks;  provided  that  this  Section  shall 
not  release  any  company  or  corporation  having  a  franchise  or  other- 
wise liable,  from  paying  its  full  share  of  the  cost  of  construction 
of  bridges,  fills  or  crossings  as  provided  by  the  terms  of  its  fran- 
chise or  otherwise  existing. 

[Ch.  1903,  §114;  Am.  June  5,  1905;  Am.  May  3,  1913,  §88.] 

Sec.  191 — Transfer  of  Money  from  One  Fund  to  Another: 

It  shall  be  lawful  to  transfer  money  from  the  Gleneral  Fund 
to  any  other  fund  of  the  City  and  from  the  Bonded  Indebtedness 
Interest  Fund  to  the  Improvement^ Bond  Interest  Fund,  and  the 
Council  may  provide  that  money  transferred  must  be  returned  to 
the  fund  from  which  it  was  transferred.  No  other  transfers  shall 
be  made. 

[Ch.  1903,  §115;  Am.  May  3,  1913,  §89.] 

Sec.  192 — Eeversion  of  Balance  to  General  Fund — Invest- 
ment IN  Improvement  Bonds: 

When  the  necessity  for  maintaining  aQy  fund  of  the  City  has 
ceased  to  exist  and  a  balance  remains  in  such  fund  the  Council 
shall  so  declare  by  ordinance,  and  upon  such  declaration  such  bal- 
ance shall  be  forthwith  transferred  to  the  General  Fund  unless 
other  provisions  have  been  made  in  the  original  creation  of  the 
fund. 

Whenever  bonds  of  the  City  of  Portland  are  offered  for  sale, 
and  there  is  a  balance  to  the  credit  of  any  sinking  fund  or  special 
fund,  not  invested,  said  bonds  may  be  awarded  at  par  and  accrued 
interest  to  the  City  Treasurer  for  the  nearest  practical  amount,  to 
consume  said  balance,  and  shall  be  held  by  the  City  Treasurer  as 
an  investment  for  said  fund.  All  interest  received  from  said  invest- 
ment shall  be  credited  to  the  fund  from  which  the  investment 
was  made,  provided,  that  if  there  are  no  bonds  available  for  the 


80  POETLAND  CITY  CHAETEE 

investment  of  any  such  balance,  the  City  Treasurer  shall  deposit 
such  funds  in  the  same  manner  as  other  City  funds  are  deposited 
under  the  provisions  of  Section  293*  of  this  Charter,  but  such 
funds  shall  only  be  deposited  until  such  time  as  the  Council  may 
have  an  opportunity  to'  purchase  City  of  Portland  or  Improve- 
ment Bonds. 

[Ch.  1903,  §116..  Am.  May  3,  1913,  §90.] 

♦See.    293,   Charter   1903,   retained  as   Ordinance.      (See   Act   of  May   3. 
1913.) 

Sec.  193 — Expenditures  of  Money  : 

No  money  shall  be  expended  or  payment  made  from  any  fund 
of  the  City,  except  assessment  funds,  until  a  specific"  appropriation 
shall  be  made  therefor  and  an  ordinance  making  an  appropriation 
of  money  shall  not  contain  a  provision  on  any  other  subject. 

All  demands  for  interest  on  the  bonded  indebtedness  of  the 
City  and  other  fixed  charges  shall  be  paid  as  the  same  mature,  or 
in  accordance  with  the  terms  of  contract. 

Any  liability  or  liabilities  incurred  by  the  Council  to  be  paid 
in  any  fiscal  year,  which  singly  or  in  the  aggregate  shall  be  in  ex- 
cess of  the  revenues  for  such  year  shall  be  null  and  void. 

The  Council  may  by  ordinance  limit  the  expenditures  of  every 
department  of  the  City  government,  except  interest  charges  and 
other  charges  fix:ed  by  contract  or  by  this  Charter  during  each 
fiscal  year,  or  during  any  month  thereof,  and  any  contracts  made, 
debts  created  or  liability  incurred  in  excess  of  the  amounts  author- 
ized by  the  Council,  where  the  Council  may  so  limit  the  expendi- 
tures of  moneys,  shall  be  null  and  void,  and  the  Council  shall  not 
authorize  any  expenditures  during  any  fiscal  year,  nor  shall  any 
liability  or  liabilities  be  incurred  by  or  on  account  of  the  City  of 
Portland,  to  be  paid  in  any  particular  fiscal  year  (for  the  payment 
of  which  approval  of  the  Council  shall  be  necessary)  which  singly 
or  in  the  aggregate  shall  be  in  excess  of  the  revenues  received  during 
such  year,  applicable,  or  made  applicable  by  transfer  to  the  pay- 
ment of  such  liability  or  liabilities.  Nothing  contained  in  this 
Charter  shall  authorize  the  enforcement  against  or  collection  from 
said  City,  on  account  of  any  debt,  contract  or  liability,  of  any  sum 
iQ  excess  of  the  limitations  prescribed  in  this  Section. 

The  City  shall  issue  no  warrants  or  other  evidences  of  indebt- 
edness, except  upon  special  assessment  funds,  and  the  payment  of 
judgments  against  the  City,  unless  there  is  money  in  the  treasury 
duly  appropriated  and  applicable  to  the  payment  of  the  same  on 
presentation,  and  all  evidences  of  indebtedness  issued  contrary  to 
this  provision  shall  be  null  and  void.  Any  member  of  the  Council 
voting  to  incur  any  liability  or  to  create  any  debt  in  excess  of  the 
amount  limited  and  authorized  by  law,  shall  be  deemed  guilty  of 
malfeasance  in  office,  and  for  such  malfeasance  such  member  may 
be  removed  from  office. 

[Ch.  1903,  §117;  Am.  May  3,"  1913,  §91.] 


FIREMEI^^S  RELIEF  AND  PEiNSION  FUND  81 

Sec.  194 — Annulment  of  Back  Taxes  : 

All  taxes  except  special  assessments  for  local  improvements 
levied  by  the  City  of  Portland  or  by  the  former  cities  of  East 
Portland,  Albina  or  Sellwood  for  any  year  prior  tO'  1895,  which 
shall  not  be  collected  before  Jnly  1st,  1904,  shall  become  void  and 
no  steps  shall  thereafter  be  taken  for  their  collection. 

[Ch.  1903,  §119.] 

Sec.  195 — Annual  and  Occasional  Independent  Audits  : 

At  the  close  of  each  fiscal  year  the  books  and  accounts  and  the 
financial  affairs  and  transactions  of  the  City  shall  be  audited  by 
some  competent  accountant  to  be  appointed  for  such  work  by 
the  Council  from  a  list  to  be  provided  as  follows : 

At  least  sixty  days  before  the  time  for  such  annual  audit  the 
Council  shall  make  request  upon  the  Portland  Clearing  House  Asso- 
ciation to  furnish  to  it  a  list  of  the  names  of  three  or  more  com- 
petent accountants  from  which  to  make  such  appointment.  If 
said  association  shall  fail  or  refuse  to  so  furnish  sucb  list  within 
twenty  days  after  being  so  requested  application  shall  then  be  made 
by  the  Council  to  the  grand  jury  then  or  next  thereafter  sitting  in 
Multnomah  County,  Oregon,  to  furnish  it  such  list,  and  if  said 
grand  jury  shall  fail  to  so  furnish  such  list  within  twenty  days 
after  having  been  so  requested,  the  Council  shall  then  request  the 
Civil  Service  Board  of  the  City  of  Portland  to  furnish  to  it 
such  list  and  it  shall  be  the  duty  of  the  Civil  Service  Board 
to  furnish  such  list.  From  a  list  furnished  as  above  provided  such 
appointment  shall  be  made. 

The  Council  may  from  time  to  time  and  as  often  as  it  shall 
deem  necessary,  have  like  audit  made,  paying  the  expenses  thereof 
in  like  manner.  The  audit  made  at  the  close  of  the  fiscal  year  and 
in  the  discretion  of  the  Council  any  audit  made  by  an  accountant 
employed  by  it  shall  be  published  in  the  City  Official  Newspaper. 

[Am.   May   3,   1913,    §34.] 

CHAPTER  IX. 

FIREMEN^S  RELIEF  AND  PENSION  FUND. 

Sec.  196 — Ceeation  of  Fund  : 

There  is  hereby  created  and  established  a  Firemen's  Relief  and 
Pension  Fund  for  the  benefit  of  the  regular  members  of  the  Fire 
Department  of  the  City  of  Portland  who  have  served  twenty  or 
more  years;  for  the  benefit  of  the  widows  and  children  under  the 
age  of  sixteen  years  of  any  deceased  fireman,  and  for  the  benefit 
of  disabled  members  of  said  Fire  Department. 

[Am.  June  2,  1913,  S'ubdiv   (1),  §176.] 

Sec.  197 — Source  of  Fund: 

Said  fund  shall  consist  of  all  moneys  withheld  from  the  salary 
of  any  member  of  the  Fire  Department  as  fines  for  any  breach  of 


82  PORTLAND  CITY  CHARTER 

discipline  and  for  violation  of  the  rules  and  regulations  of  the  Fire 
Department;  all  bequests,  fees,  gifts  or  emoluments  paid  or  given 
on  account  of  any  extraordinary  service  of  any  member  of  said 
Fire  Department  (except  when  specifically  allowed  to  be  retained  by 
such  member  by  the  Executive  Board),*  and  a  monthly  fee  which 
shall  be  paid  into  said  fund  by  each  member  of  said  Fire  Depart- 
ment of  one  per  cent  of  his  regular  monthly  salary  as  hereinafter 
provided,  and  the  proceeds  of  a  tax!  levy  as  hereinafter  provided, 
and  the  interest  on  the  investment  of  any  portion  of  said  fund. 

[Am.  June  2,   1913,   Subdiv  2,  §176.] 
*See  §§16-17. 

Sec.  198 — Controlled  by  Boaed  of  Trustees  : 

The  Firemen's  Relief  and  Pension  Ftind  shall  be  under  the 
supervision  and  control  of  the  Board  of  Trustees  of  the  Firemen's 
Relief  and  Pension  Fund,  which  Board  shall  be  composed  of  the 
Mayor,  the  City  Treasurer  (who  shall  act  as  the  Treasurer  thereof 
without  compensation)  ;  the  Chief  Engineer  of  the  Fire  Depart- 
ment; the  City  Auditor  (who  shall  act  as  the  Secretary  of  said  Board 
without  compensation)  ;  and  a  member  of  said  Fire  Department 
who  shall  be  elected  to  membership  on  said  Board  by  the  regular 
members  of  the  Fire  Department  every  two  years.  The  first  election 
under  this  Act  shall  be  held  on  the  second  Monday  in  July,  1913, 
and  biennially  thereafter.  Said  Board  shall  elect  from  its  number  a 
chairman  and  shall  keep  a  record  of  all  its  proceedings,  and  hold 
regular  meetings  on  the  first  Monday  in  each  month.  It  shall 
annually  make  to  the  Council  of  the  City  of  Portland  a  full  report 
of  its  transactions  for  the  current  year,  including  an  itemized  ac- 
count of  its  receipts  and  expenditures,  and  an  estimate  of  its  re- 
ceipts and  expenditures  for  the  ensuing  year,  which  such  report 
shall  be  made  on  or  before  the  1st  day  of  December  of  each  year. 

[Am.   June   2,   1913,   Subdiv.   3,   §176.] 

Sec.  199 — Powers  of  Board  : 

Said  Board  of  Trustees  shall  have  the  power  to  prescribe  its 
own  rules  and  regulations  and  enforce  the  same.  It  shall  hear  and 
determine  all  applications  for  pensions  or  relief,  as  hereinafter  pro- 
vided for;  provided,  however,  that  an  appeal  may  be  taken  from'  any 
decision  of  said  Board  to  the  Executive  Board*  of  the  City  of 
Portland.  Said  Board  of  Trustees  is  hereby  authorized  and  em- 
powered to  administer  oaths,  subpoena  and  examine  witnesses  and 
require  the  production  and  examijiation  of  papers  and  documents. 
It  is  hereby  authorized  and  empowered,  in  the  name  of  the  Board 
of  Trustees  of  the  Firemen's  Relief  and  Pension  Fund,  to  invest 
any  part  of  said  fund  in  interest-bearing  bonds  of  the  United  States, 
the  State  of  Oregon,  the  City  of  Portland,  or  any  city  of  the  first 
class,  preference,  however,  to  be  given  in  all  instances  to  interest- 
bearing  bonds  of  the  City  of  Portland,  All  such  securities  shall 
be  deposited  with  the  Treasurer  of  said  Board. 

[Am.    June   2,    1913,    Subdiv.    4,    §176.] 
♦See  §§16-17. 


FIEBMEiN^S  RELIEF  AND  PENSION  FUND  83 

Sec.  200 — Appeals: 

The  Executive  Board*  of  the  City  of  Portland  is  hereby  au- 
thorized and  empowered  to  review  the  action  of  the  Board  of 
Trustees  on  appeal,  and  to  remand  the  cause  appealed  back  to  said 
Board  with  instructions  as  to  the  final  determination  of  such  cause. 

[Am.  June  2,   1913,   Subdiv.   5,  §176.] 
*See  §§16-17. 

Sec.  201 — City  Treasurer  CtiSTODiAN  and  Disbursing  Officer: 
Said  Firemen's  Relief  and  Pension  Fund  shall  be  in  the  cai*e 
and  custody  of  the  City  Treasurer,  and  shall  be  paid  out  by  him  on 
warrants  signed  by  the  Chairman  and  countersigned  by  the  Secre- 
tary of  said  Board,  and  not  otherwise;  provided,  however,  that  no 
warrants  shall  be  drawn  upon  said  fund  except  by  order  of  the 
Board,  which  order  shall  be  duly  entered  upon  the  record  of  the 
proceedings  of  said  Board. 

[Am.  June  2,   1913,  Subdiv.   6,   §176.] 

Sec.  202 — Tax  Levy  for  Fund: 

The  Council  of  the  City  of  Portland  is  hereby  authorized  and 
empowered  to,  and  shall,  when  recommended  by  the  Board  of  Trus- 
tees of  the  Firemen's  Relief  and  Pension  FWd,  at  the  same  time 
other  levies  of  taxes  are  made  as  provided  by  the  Charter  and  in 
addition  to  the  tax  levies  authorized  by  the  Charter,  levy  a  tax 
of  one-tenth  of  a  mill  on  each  dollar  of  the  assessed  valuation  of 
the  property  in  the  City  of  Portland  not  exempt  from  taxation, 
which  shall  be  credited  to  the  Firemen's  Relief  and  Pension  Fund. 

[Am.  June  2,   1913,   Subdiv.  7,  §176.] 

Sec.  203 — Restrictions  on  Amount  of  Levy  : 

If  on  December  1st  of  any  year  said  fund  shall  be  credited  with 
Three  Hundred  Thousand  ($300,000.00)  Dollars  or  more,  said 
Board  of  Trustees  shall  recommend  to  the  Council  that  said  tax 
be  not  levied  for  the  ensuing  year,  but  if,  on  December  1st  of  any 
year  said  fund  shall  have  to  its  credit  less  than  said  sum  of  Three 
Hundred  Thousand  ($300,000.00)  Dollars,  then  the  Council  shall 
make  such  tax  levy  for  the  ensuing  year. 

[Am.  June  2,  1913,  Subdiv.   8,  §176.] 

Sec.  204 — Percentage  of  Salary  Deducted  for  Purpose  of 
Fund: 
After  the  taking  effect  of  this  Act,  it  shall  be  the  duty  of  the 
Auditor,  in  making  out  warrants  for  the  monthly  salaries,  to  deduct 
and  withhold  monthly  from  the  salary  of  each  regular  member  of 
the  Fire  Department,  one  per  cent  of  such  monthly  salary  during 
all  the  time  such  member  may  be  in  the  employ  of  the  Fire  Depart- 
ment, unless  permanently  disabled,  and  from  the  amount  earned  by 
each  temporary  member  of  the  Fire  Department,  one  per  cent 
thereof;  provided,  however,  that  the  minimum  amount  which  shall 
be  retained  shall  be  Twenty-five  (25c)  Cents.    And  it  shall  be  the 


84  PORTLAND  CITY  CHARTER 

duty  of  the  Auditor  to  draw  a  warrant  for  the  full  amount  so  with- 
held, payable  to  the  Firemen^s  Relief  and  Pension  Fund. 

[Am.   June   2,   1913,   Subdiv.   9,   §176.] 

Sec.  205 — Pensions  Payable  Monthly: 

All  pensions  and  relief  claims  hereinafter  provided  for  and 
allowed  by  said  Board  of  Trustees  shall  be  paid  monthly  out  of  the 
Firemen's  Relief  and  Pension  Fund  by  warrants  as  herein  provided. 

[Am.  June  2,  1913,   Subdiv.  10,  §176.] 

Sec.  206 — Benefits  on  Retirement: 

The  Board  of  Trustees  shall,  upon  the  written  application  duly 
verified,  of  any  member  of  the  Fire  Department  who  has  served 
as  an  active  member  thereof  for  twenty-five  years,  retire  and  relieve 
said  member  from  service,  and  said  member  shall  receive  a  monthly 
pension  equal  to  one-half  of  the  amount  of  the  salary  attached  to  the 
rank  held  by  him  for  one  year  prior  to  the  date  of  his  retirement, 
and  said  pension  shall  cease  at  his  death.  The  Board  of  Trustees 
shall,  upon  the  written  application  duly  verified  of  any  member  of 
the  Fire  Department  who  has  reached  the  age  of  fifty  years  and  has 
served  as  an  active  member  thereof  for  twenty  years  continuously 
next  preceding  said  date  of  application,  retire  and  relieve  said  mem- 
ber from  service,  and  said  member  shall  receive  a  monthly  pension 
equal  to  one-half  of  the-  monthly  salary  attached  to  the  rank  held 
by  him  for  one  year  prior  to  the  date  of  his  retirement,  and  said 
pension  shall  cease  at  his  death.  The  Board  of  Trustees  may,  by 
a  unanimous  vote,  retire  and  relieve  from  service  any  aged,  dis- 
abled or  infirm  member  of  the  Fire  Department  who  has  reached 
the  age  of  fifty-five  years  and  has  served  as  an  active  member  of 
the  Department  for  twenty  years  next  preceding  such  age,  and 
who,  upon  examination  by  two  regularly  licensed  physicians  ap- 
pointed by  the  Board  of  Trustees  for  that  purpose,  may  be  ascer- 
tained to  be  by  reason  of  such  age,  infirmity  or  other  disability  unfit 
for  the  performance  of  his  duty,  and  such  member  shall  receive  a 
monthly  pension  equal  to  one-half  the  amount  of  the  salary  at- 
tached to  the  rank  held  by  him  for  one  year  prior  to  the  date  of  his 
retirement,  and  the  said  pension  shall  cease  at  his  death. 

[Am.  June  2,  1913,  Subdiv.  11,  §176.] 

Sec.  207 — Benefits  on  Permanent  Disability  : 

The  Board  of  Trustees  shall  upon  application,  retire  from 
active  service  any  member  of  the  Fire  Department  who  becomes 
permanently  disabled  by  reason  of  service  in  said  Department,  and 
such  member  shall  receive  a  pension  equal  to  one-half  the  monthly 
salary  he  received  at  the  time  of  his  retirement.  Said  Board  shall, 
upon  the  recovery  of  such  member  from  his  disability,  restore  such 
member  to  service  in  the  rank  he  occupied  at  the  time  of  retire- 
ment, and  his  pension  shall  cease  upon  restoration  to  service. 

[Am.  June  2,  1913,  Subdiv.  12,  §176.] 


FIREMEN^S  RELIEF  AND  PENSION  FUND  85 

Sec.  208 — Benefits  on  Temporary  Disability  : 

Any  member  of  the  Fire  Department  who,  by  reason  of  his 
services  in  said  Fire  Department,  becomes  disabled  and  wholly  in- 
capacitated from  performing  his  duties,  may  be  retired  by  the 
Board  of  Trustees,  and  in  ease  of  such  retirement,  such  member 
shall  be  entitled  to  receive  a  pension  equal  to  one-half  the  monthly 
salary  received  by  such  member  at  the  time  of  his  disability,  such 
pension  to  continue  only  during  such  disability. 

Any  member  of  the  Fire  Department  who  becomes  tempor- 
arily disabled  by  reason  of  any  injury  received  while  in  the  per- 
formance of  his  duty  shall  be  entitled  to  receive  a  sum  equal  to  the 
monthly  salary  he  receives  at  the  time  of  his  injury,  which  shall 
continue  during  such  disability  (not  to  exceed  one  year)  ;  pro- 
vided^ that  such  member  is  paid  no  salary  during  said  period. 

[Am.  June  2,  1913,  S'ubdivs.  13,  14,  §176.] 

Sec.  209 — Benefits  During  Sickness: 

Any  member  of  the  Fire  Department  who  becomes  incapaci- 
tated from  performing  his  duties  on  account  of  sickness  shall  be 
entitled  to  receive  during  his  sickness  (not  to  exceed  three  months 
in  any  twelve  consecutive  months),  a  sum  equal  to  one-half  the 
monthly  salary  he  received  at  the  time  he  contracted  such  sick- 
ness; provided,  however,  that  no  member  shall  be  entitled  to 
receive  such  relief  unless  he  shall  have  been  incapacitated  for  a  full 
period  of  fourteen  days,  in  which  event  said  member  shall  be  so 
paid  from  the  time  he  became  so  incapacitated. 

[Am.  June  2,  1913,  Subdiv.  15,  §176.] 

Sec.  210 — Benefits  to  Widov^s  and  Children  of  Deceased 
Firemen  : 
If  any  member  of  the  Fire  Department  shall  die  from  any 
cause  whatever  while  in  the  service  of  said  Department  and  shall 
leave  a  widow,  said  widow  shall  be  entitled  to  receive  a  pension 
while  remaining  unmarried  and  a  resident  of  the  State  of  Oregon, 
equal  in  amount  to  one-half  the  monthly  salary  received  by  such 
deceased  member  at  the  time  of  his  death,  or  at  the  time  of  con- 
tracting his  last  illness.  In  case  said  deceased  member  shall  leave 
no  widow,  but  shall  leave  a  child  or  children  under  the  age  of 
sixteen  years,  such  child  shall  receive,  until  it  reaches  the  age  of 
sixteen  years,  a  pension  equal  in  amount  to  one-half  the  monthly 
salary  received  by  such  deceased  member.  In  case  such  member 
leaves  more  than  one  child,  then  said  pension  shall  be  collectively 
paid  to  the  children  under  the  age  of  sixteen  years.  In  case  such 
deceased  member  leaves  no  widow  or  children,  but  leaves  a  parent 
or  parents  wholly  dependent  upon  him  for  support,  such  dependent 
parent  or  parents  shall  receive  a  pension  equal  in  amount  to  one- 
half  of  the  monthly  salary  received  by  such  member  at  the  time 
of  his  death,  or  at  the  time  of  contracting  his  last  illness,  and  such 


86  PORTLAND  CITY -CHAETER 


pension  shall  continue  during  such  time  as  may  be  unanimously 
determined  by  said  Board  of  Trustees. 

[Am.  June  2,  1913,  Subdiv.  16,  §176.] 

Sec.  211 — Pensions  to  Temporary  Firemen: 

Any  temporary  member  of  the  Fire  Department  who  is  in- 
jured while  in  the  performance  of  his  duty  may,  in  the  discretion  of 
the  Board  of  Trustees,  be  allowed  such  compensation  as  may  be 
determined  upon  by  said  Board,  and  in  case  any  temporary  mem- 
ber comes  to  his  death  by  reason  of  the  performance  of  his  duty 
as  such  member,  said  Board  may,  in  its  discretion,  grant  a  pension 
to  his  widow  or  dependent  children  under  the  age  of  sixteen  years, 
for  such  time  as  may  be  determined  by  said  Board.  A  temporary 
member  is  defined  to  be  a  person  employed  to  serve  temporarily  in 
said  Fire  Department. 

[Am.  June  2,   1913,   Subdiv.   17,  §176.] 

Sec.  212 — FrNERAL  Expenses  : 

Upon  the  death  of  any  active  or  retired  member  of  the  Fire 
Department,  said  Board  shall  pay  to  the  widow  or  family  of  said 
deceased  member  the  sum  of  One  Hundred  ($100.00)  Dollars  to 
be  used  for  funeral  expenses. 

[Am.  June  2,  1913,  Subdiv.  18,  §176.] 

Sec.  213 — Applications  for  Pensions: 

All  applications  for  relief  shall  be  made  within  such  time  as 
may  be  fixed  by  the  rules  and  regulations  of  the  Board  of  Trustees. 

[Am.  June  2,  1913,  Subdiv.  19,  §176.] 

Sec.  214 — Emergency  Duties  by  Retired  Firemen  : 

Said  Board  of  Trustees,  upon  the  recommendation  of  the 
Chief  of  the  Fire  Department,  shall  have  the  power  to  assign  mem- 
bers retired  or  drawing  pensions  under  this  Act,  to  perform  light 
duties  in  the  Fire  Department  in  case  of  extraordinary  emergency. 
In  case  of  any  retired  member  of  the  Fire  Department  being  as- 
signd  to  duty  in  an  emergency,  such  member  shall  receive  from  the 
Fire  Fund  a  sum  which  with  his  pension  shall  equal  the  salary 
which  he  was  receiving  at  the  time  of  his  retirement. 

[Am.   June  2,   1913,   Subdiv.   20,   §176.] 

Sec.  215 — Application  of  Provisions  of  Act: 

The  provisions  of  this  Act  shall  apply  to  all  persons  who  are 
now  or  shall  hereafter  become  members  of  the  Fire  Department 
of  the  City  of  Portland,  and  all  such  persons  shall  be  eligible  to  the 
benefits  secured  by  this  Act. 

[Am.  June  2,  19*^13,  Subdiv.  21,  §176.] 

Sec.  216 — Pension  Certificates  : 

The  Board  of  Trustees  shall  issue  to  each  fireman  pensioned 
under  the  provisions  of  this  Act  an  engraved  certificate  showing 
the  amount  of  pension  allowed  and  the  cause  for  which  the  same 
is  issued. 

[Am.  June  2,  1913,  Subdiv.  22,  §176.] 


FIREMEN'S  RELIEF  AISTD  PENSION  FUND  87 


Sec.  217 — Forfeiture  of  Pensions  : 

Any  person  receiving  a  pension  from  the  Firemen's  Relief  and 
Pension  Fund  who  shall  be  convicted  of  a  felony  or  who  becomes 
dissipated  or  an  habitual  drunkard,  or  who  shall  become  a  non- 
resident of  the  State  of  Oregon  (provided  that  this  provision  of 
non-residents  shall  not  apply  to  members  retired  in  accordance  with 
Subdivision  11),  shall  forfeit  all  right  to  such  pension. 

[Am.  June  2,  1913,  Subdiv.  23,  §176.] 

Sec.  218 — Pensions  Pro-rated  When  Fund  Insufficient  : 

If  at  ahy  time  said  Firemen's  Relief  and  Pension  Fund  is 
insufficient  to  pay  in  full  the  pensions  and  disability  claims  allowed 
by  the  Board  of  Trustees,  then  said  Board  shall  pay  said  pensions 
and  claims  pro-rata  until  such  time  as  said  fund  shall  be  sufficient 
to  pay  the  same  in  full;  provided,  however,  that  when  said  fund 
shall  warrant,  the  Board  of  Trustees  shall  pay  in  full  all  back 
pensions  and  claims. 

[Am.  June  2,  1913,  Subdiv.  24,  §176.] 

Sec.  219 — Books  and  Accounts  Open  for  Inspection  : 

The  books  and  accounts  of  said  Board  of  Trustees  shall,  at 
all  times,  be  subject  to  the  inspection  of  any  person  interested, 
and  shall,  upon  the  expiration  of  the  term  of  office  of  the  Treasurer, 
be  surrendered  and  delivered  to  his  successor,  together  with  all  rec- 
ords and  documents,  securities,  moneys  and  property  which  may 
have  come  into  the  possession  of  said  Treasurer. 

[Am.  June  2,  1913,  Subdiv.   25,  §176.] 

Sec.  220 — Division  of  Police  and  Fire  Department  Relief 
Fund  : 
The  Police  and  Fire  Department  Relief  Ftind  heretofore  estab- 
lished and  under  the  control  of  the  Eixecutive  Board*  shall  he 
divided  and  one-half  thereof  credited  to  the  Firemen's  Relief  and 
Pension  Fund,  and  the  other  half  to  the  Police  Relief  Fund. 

[Am.  June  2,  1913,  S'ubdiv.   26,  §176.] 
*See  §§16-17. 

Sec.  221 — Pensions  Exempt  from  Execution  : 

All  pensions  and  disability  elaims  hereby  authorized  and  al- 
lowed by  said  Board  of  Trustees  of  the  Firemen's  Relief  and  Pen- 
sion Fund  shall  be  exempt  from  attachment,  execution,  garnish- 
ment or  other  process  issued  out  of  any  court  for  the  payment  or 
satisfaction,  in  whole  or  in  part,  of  any  debt,  damage,  claim,  de- 
mand or  judgment  against  the  beneficiary  thereof. 

[Am..  June  2,  1913,  Subdiv.  27,  §176.] 

*Sec.  222 — Discharge  of  Firemen  : 

No  member  of  the  Fire  Department  who  has  served  faithfully 
and  efficiently  for  six  years  continuously  shall  be  removed  or  dis- 
charged without  first  having  a  trial  or  hearing,  and  not  then  except 
for  cause  upon  written  charges  (of  which  one  copy  shall  be  served 
upon  him  and  a  duplicate  filed  with  the  Civil  Service  Commissioni 


88  POETLAND  CITY  CHAETER 

(Board).  Any  fireman  so  removed  may,  within  ten  days  from  his 
removal,  file  with  the  Civil  Service  Commission  (Board)  a  written 
demand  for  investigation.  The  charges  shall  forthwith  be  investi- 
gated by  or  before  the  Commission  (Board)  or  by  or  before  some 
officer  or  Board  appointed  by  the  Commission  (Board)  to  conduct 
such  investigation.  The  findings  of  the  Commission  (Board),  or 
such  officer  or  Board,  when  approved  by  the  Commission  (Board), 
shall  be  certified  to  the  appointing  officer  and  shall  be  forthwith 
enforced  by  such  officer. 

[Am.  June  2,   1913,   Subdiv.   28,   §176.] 
*See  §108   et  seq. 

Sec.  223 — CIty  Attorney  to  Advise  Board  : 

It  shall  be  the  duty  of  the  City  Attorney  to  give  advice  to  the 
Board  of  Trustees  of  the  Firemen^s  Eelief  and  Pension  Fund  in  all 
matters  pertaining  to  their  duties  and  the  management  of  said 
fund  whenever  required  by  said  Board,  and  he  shall  represent  and 
defend  said  Board  as  its  Attorney  in  all  suits  or  actions  at  law  or 
in  equity  that  may  be  brought  against  it,  and  institute  all  suits  or 
actions  in  its  behalf  that  may  be  required  or  determined  upon  by 
said  Board. 

[Am.  June  2,  1913,  Subdiv.  29,  §176.] 

Sec.  224 — Eepeal  of  Sections  of  1903  Charter  : 

Sections  196,  197  and  317  of  the  Charter  of  the  City  of  Port- 
land in  so  far  as  they  conflict  with  this  Act,  and  all  other  Acts  or 
.parts  of  Acts'  in  conflict  herewith  are  hereby  repealed. 

[Am.  June  2,  1913,   Subdiv.  30,  §176.] 

Sec.  225 — Powers  Vested  in  Council  : 

The  powers  conferred  and  duties  devolving  upon  the  Executive 
Board*  under  and  by  virtue  of  the  provisions  of  this  Act,  in  case 
said  Board  is  abolished  by  Charter  amendment  or  otherwise,  shall, 
from  and  after  such  abolition,  be  exercised  and  performed  by  the 
Council. 

[Am.  June  2,  1913,  Subdiv.   31,   §176.]  • 
*See  §§16-17. 

Sec.  226 — Secs.  196  to  226  Inclusive,  Eetained  in  Charter  as 
Amended.  (Sec,  176,  1903  Charter  as  Amended.) 
In  case  the  Charter  of  the  City  of  Portland  is  altered  or 
amended  to  provide  for  what  is  commonly  termed  a  Commission 
form  of  government,  and  this  amendment  is  adopted  by  a  vote  of 
the  electors  of  said  City  of  Portland  at  the  same  election  or  any 
subsequent  election,  it  shall  be  held  to  be  a  part  of  the  Charter  as 
altered  or  amended,  and  to  repeal  any  and  all  provisions  of  the 
Charter  as  so  altered  or  amended  that  may  conflict  herewith. 

[Am.  June  2,  1913,  Subdiv.  32,  §176.] 


BOND  ISSUES  89 


CHAPTER  X. 

BOND  ISSUES. 

ARTICLE  1.     GENERAL  PROAaSIONS. 

Sec.  227 — Issue  and  Sale  of  Bonds  : 

No  bonds  other  than  bonds  for  public  improvements  payable 
out  of  assessments  upon  the  property  benefited,  and  sewer  bonds 
if  otherwise  authorized,  shall  be  issued  unless  approved  by  vote  of 
the  people  at  a  general  or  special  election  at  which  the  question 
shall  be  submitted  in  the  same  manner  as  other  measures  are  sub- 
mitted under  the  initiative  or  referendum.  This  provision  shall 
not  apply  to  bonds  heretofore  authorized.  All  bonds  of  the  City  of 
Portland  shall  be  sold  to  the  highest  responsible  bidder. 

[Am.  May  3,  1913,  §92.] 

Sec.  228— Validating  Previous  Bond  Issues  : 

All  bonds  heretofore  issued  and  sold  by  the  City  of  Portland 
and  the  former  cities  of  East  Portland  and  Albina  (both  now  a 
part  of  the  City  of  Portland),  now  outstanding  and  aggregating 
the  sum  of  $12,798,700  are  hereby  approved  and  validated,  and  the 
Council  of  the  City  of  Portland  is  hereby  authorized  to  issue  and 
sell  all  additional  l)ond&  heretofore  authorized  and  not  sold  under 
the  provisions  of  sections  118,  1181/2,  227*,  42534  and  429, 
(§229  to  235,  236,  237,  239  to  248,  and  252  to  254),  authorizing 
the  issuance  and  sale  of  municipal  garbage  collection  bonds,  of 
the  Charter  of  1903,  as  amended;  provided,  that  the  bonded  in- 
debtedness of  the  City  of  Portland  shall  at  no  time  exceed  the 
amount  authorized  under  the  provisions  of  section  88  of  the  charter 
of  1903  (Section  160  of  this  Charter),  and  provided  further,  that 
the  bonds  issued  and  sold  under  the  provisions  of  section  383a  of 
the  Charter  of  1903,  as  amended,  shall  not  be  considered  as  a  part 
of  the  debt  limit  fixed  by  said  section  88  (160). 

All  bonds  heretofore  or  hereafter  issued  or  authorized  to  be 
issued  pursuant  to  section  227*  of  the  Charter  of  1903,  or  pursuant 
to  any  amendment  to  the  said  section,  are  hereby  declared  valid 
and  general  obligations  of  the  City  of  Portland,  for  the  payment  of 
the  principal  and  interest  of  which  a  tax  may  be  levied  in  addition 
to  the  tax  in  this  Charter  provided  for,  in  case  the  water  fund  of  said 
city  should  at  any  time  prove  insufficient  for  that  purpose. 

The  several  measures  amendatory  of  and  supplementary  to 
section  118  of  the  charter  of  1903,  including  section  1181/9  and 
section  425%  of  said  Charter  and  especially  two  measures  adopted 
by  the  people  of  the  City  of  Portland,  the  first  at  a  special  election 
held  on  the  8th  day  of  November,  1910,  entitled',  "A  m'easure  to 
provide  for  the  improvement  of  water  and  harbor  front  of  the  City 
of  Portland,  for  the  acquirement,  construction,  maintenance  and 
operation  of  public  docks,  and  for  the  acquirement  by  condemna- 


90  PORTLAND  CITY  CHARTER 

tion,  or  otherwise,  of  lands  for  the  same ;  to  create  a  commission  to 
carry  on  such  work  and  to  regulate  and  control  the  construction, 
maintenance  and  operation  of  wharves,  docks,  slips,  piers,  basins, 
and  other  waterfront  structures  in  said  city ;  to  authorize  the  issu- 
ance and  sale  of  bonds  of  the  City  of  Portland  up  to  two  million 
five  hundred  thousand  dollars  ($2,500,000)  for  the  above  purposes, 
and  to  levy  a  tax  as  may  be  necessary  for  current  expenses  in  Garrj- 
ing  out  the  above  purposes,  and  to  amend  section  118  of  the  Charter 
of  the  City  of  Portland  as  now  amended  by  adding  thereto  the  fol- 
lowing four  sections,"  and  the  second  at  a  regular  city  election  held 
in  said  city  on  the  5th  day  of  June,  1911,  entitled,  "An  Act  to 
amend  Chapter  VII  of  the  Charter  of  the  City  of  Portland,  entitled 
^An  Act  to  incorporate  the  City  of  Portland,  Multnomah  County, 
State  of  Oregon,  and  to  provide  a  Charter  therefor,  and  to  repeal  all 
acts  or  parts  of  acts  in  conflict  therewith,^  filed  in  the  office  of  the 
Secretary  of  State,  January  23,  1903,  as  amended,  by  inserting 
a  section  in  said  Chapter  VII  after  section  425%  and  before  section 
426  thereof,  which  shall  be  designated  in  the  charter  as  section  four 
hundred  twenty-five  and  three-fourths  (425%)  of  Chapter  VII, 
authorizing  the  sale  of  bonds  in  an  amount  not  to  exceed  six  hun- 
dred thousand  dollars  for  the  acquisition  of  land  for,  and  the  erec- 
tion and  maintenance  of  a  Public  Auditorium  in  the  City  of  Port- 
land, Multnomah  County,  State  of  Oregon,  and  creating  a  commis- 
sion to  carry  out  the  provisions  of  said  act,"  are  hereby  ratified 
and  bonds  issued  under  the  same  are  hereby  declared  valid  obliga- 
tions of  the  City  of  Portland. 

[Am.  May  3,   1913,  §93;  Am.  June  2,   1913,  §93.] 
*  Retained  as  Ordinance. 

ARTICLE,  2— REFUNDING  BONDS. 

Sec.  229 — Proceduee  on  Issuance  of  Bonds  to  Fund  Indebted- 
ness: 
For  the  purpose  of  funding  any  bonded  indebtedness  of  the 
City  of  Portland,  or  of  the  former  City  of  East  Portland,  or  of  the 
former  City  of  Albina,  already  matured  or  to  mature  in  the  future, 
the  City  of  Portland  is  authorized  and^  empowered  to  issue  and 
dispose  of  bonds  of  the  City  of  the  denominations  of  from  One 
Hundred  Dollars  to  One  Thousand  Dollars,  as  the  purchaser  may 
desire,  under  the  seal  of  the  City  of  Portland,  with  the  interest 
coupons  attached  thereto  with  the  signature  of  the  Mayor  engraved 
thereon,  and  having  attached  thereto  the  seal  of  the  said  City  of 
Portland,  whereby  the  City  shall  be  held  and  considered  in  substance 
and  effect  to  undertake  and  promise:,  in  consideration  of  the  prem- 
ises, to  pay  to  the  bearer  of  each  of  said  bonds,  at  the  expiration 
of  twenty-five  years  from  the  date  thereof,  the  sum  named  therein, 
in  gold  coin  of  the  United  States  together  with  interest  thereon 
in  like  coin,  at  the  rate  of  four  (4)  per  cent  per  annum,  payable 


BO^^D  ISSUES  91 


half-yearly,  as  provided  in  said  coupons.  The  total  amount  of  such 
refunding  bonds  shall  not  exceed  the  face  or  par  value  of  the  bonds 
to  be  refunded,  nor  shall  such  refunding  bonds  be  sold  at  private 
sale  nor  for  less  than  par,  and  accrued  interest  from  the  date  of 
issuance  of  said  refunding  bonds.  Before  such  refunding  bonds 
can  be  sold  the  Council  shall  cause  to  be  inserted  for  two  weeks  in 
the  City  Official  Newspaper  and  in  at  least  one  paper  in  New  York 
City,  making  a  specialty  of  such  matters,  an  advertisement  inviting 
sealed  bids  for  the  purchase  of  said  refunding  bonds.  Such  re- 
funding bonds  shall  be  sold  only  to  the  highest  bidder.  Among 
equal  bidders  preference  in  the  sale  and  allotment  shall  be  given  to 
the  bidders  residing  in  the  State  of  Oregon  and  subscribing  for 
the  smallest  amounts.  All  bonds  issued  and  disposed  of  under 
this  act  shall  be  exempt  from  taxation  either  by  this  State  or  by 
any  County  or  municipal  corporation  therein.  Should  there  be 
any  money  derived  from  the  sale  of  said  refunding  bonds  in  excess 
of  the  amount  necessary  to  retire  the  outstanding  bonds,  or  any 
other  funds  in  the  hands  of  the  Treasurer  applicable  to  such  pur- 
pose it  shall  be  the  duty  of  the  Auditor  to  advertise  for  two  weeks 
inviting  proposals  for  the  surrender  and  redemption  of  any  valid 
bonds  of  the  City.  After  such  advertisement  the  money  applic- 
able to  such  purpose  in  the  hands  of  the  Treasurer,  or  such  portion 
thereof  as  may  be  required  therefor,  shall  be  awarded  to  the  person 
or  persons  offering  to  surrender  said  bonds  for  the  lowest  price. 
Upon  such  award,  when  duly  audited,  the  Treasurer  shall  upon 
the  surrender  of  the  bonds,  pay  the  amount  to  the  person  or  persons 
to  whom  the  same  was  awarded  and  cancel  the  bonds  so  redeemed. 
No  bid  for  the  surrender  of  any  of  the  bonds  of  the  City  shall  be 
accepted  which  shall  require  a  greater  sum  of  money  for  their 
redemption  than  par  and  a  ten  per  cent  premium. 

[Ch.    1903,    §118.] 

ARTICLEi  3— PAEK  AND  BOULEiVARD  BONDS. 

Sec  230 — Issue  and  Sale  of  Bonds  : 

The  Council  of  the  City  of  Portland  or  its  successors  in  office 
is  hereby  authorized  and  empowered  in  the  name  of  the  City  of 
Portland  to  issue  and  dispose  of  bonds  of  the  City  of  Portland  to 
an  amount  not  exceeding  One  Million  Dollars  of  the  denominations 
of  $500.00  or  of  $1,000.00  as  the  Council  may  determine,  under  the 
seal  of  the  City  of  Portland,  with  interest  coupons  attached  thereto. 
The  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by  the 
Auditor  of  the  City  of  Portland,  and  each  of  said  coupons  shall 
have  the  signatures  of  the  Mayor  and  Auditor  of  the  City  of  Port- 
land engraved  thereon,  whereby  the  City  of  Portland  shall  be  held 
and  considered  in  substance  and  effect  to  undertake  and  promise 
in  consideration  of  the  premises,  to  pay  to  the  bearer  of  each  of 
said  bonds  at  the  expiration  of  twenty-five  years  from  the  date 


93  PORTLAN^D  CITY  CHARTER 

thereof,  the  sum  named  therein  in  gold  coin  of  the  United  States, 
together  with  interest  thereon  in  like  coin  at  the  rate  of  four  (4) 
per  cent  per  annum,  payable  half  yearly  as  provided  in  said  coupons. 
The  bonds  issued  in  pursuance  of  the  authority  hereby  granted 
shall  be  known  as  "Park  and  Boulevard  bonds  of  the  City  of  Port- 
land, Oregon/^  and  the  proceeds  thereof  shall  be  applied  to  the 
purchase  of  parks  and  small  parcels  of  ground  for  neighborhood 
parks  and  for  the  improvement  thereof,  also  for  the  laying  out, 
establishing  and  improving  of  a  system  of  boulevards  and  park 
ways  with  bridges  over  gulches  in  the  City  of  Portland.  The  bonds 
herein  provided  for  shall  be  advertised  and  sold  to  the  highest 
responsible  bidder,  and  the  Council  may  at  its  discretion  reject 
any  and  all  bids  tendered  for  said  bonds  and  proceed  to  re-advertise 
the  same  when  bids  are  not  satisfactory.  Of  the  bonds  herein  au- 
thorized to  be  issued  not  to  exceed  $500,000  shall  be  issued  and 
sold  during  any  one  fiscal  year.  All  money  derived  from  the  sale 
of  said  bonds  shall  be  in  the  care  and  custody  of  the  Treasurer  of 
the  City  of  Portland  and  credited  to  a  fund  to  be  kept  and  known 
as  the  "Park  and  Boulevard  Fund,"  and  shall  be  paid  out  by  him 
on  warrant  of  the  Mayor  attested  by  the  Auditor  of  the  City  of 
Portland,  and  not  otherwise.  The  said  fund  shall  be  expended 
by  the  Council,  when  first  recommended  by  the  Park  Board,  for 
the  purposes  above  enumerated  and  in  either  the  direct  purchase 
or  in  pursuance  of  condemnation  proceedings  as  provided  in 
Article  1,  Chapter  I.,  Article  4,  Chapter  III.,  and  Article  1,  Chap- 
ter YI.  of  the  Charter,  and  in  the  improvement  of  such  parks,  park 
ways  and  boulevards;  there  being  expressly  reserved  to  the  Council 
the  right  to  assess  lots,  blocks  and  parcels  of  land  in  any  district 
or  districts  especially  or  peculiarly  benefited  by  the  establishing, 
laying  out  and  improving  boulevards  in  the  same  manner  as  pro- 
vided by  the  Charter  for  assessing  benefits  for  street  improvements. 

[Am.  June  3,   1907,  §118.] 

ARTICLE  4— HIAWTHORNE  AYENUE  BRIDGE  BONDS. 

Sec.  231 — Issue  and  Sale  of  Bonds: 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  City  to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  exceed- 
ing Four  Hundred  and  Fifty  Thousand  Dollars  ($450,000.00)  of 
the  denomination  of  Five  Hundred  Dollars  ($500.00)  or  One 
Thousand  Dollars  ($1,000.00),  as  the  Council  may  determine,  and 
in  such  form  as  said  Council  shall  select  with  interest  coupons 
attached  thereto.  The  said  bonds  shall  be  signed  by  the  Mayor  and 
countersigned  by  the  Auditor  of  said  City  of  Portland,  and  each 
of  said  coupons  shall  have  the  signatures  of  the  Mayor  and  the 
Auditor  of  the  City  of  Portland  engraved  thereon,  whereby  the 
City  of  Portland  shall  be  held  and  considered  in  substance  and 


BOND  ISSUES  93 


effect  to  undertake  and  promise  in  consideration  of  the  premises  to 
pay  to  the  bearer  of  each  of  said  bonds  at  the  expiration  of  thirty 
(30)  years  from  the  date  thereof  the  sum  named  therein  in  gold 
coin  of  the  United  States,  together  with  interest  thereon  in  like 
coin  at  the  rate  of  four  per  cent  (4  per  cent)  per  annum,  pay- 
able half  yearly,  as  provided  in  said  coupons.  The  bonds  issued 
under  this  ordinance  shall  be  known  as  the  "Bridge  Bonds  of  the 
City  of  Portland.  Series  1907."  The  bonds  herein  provided  for 
and  authorized  to  be  issued  shall  be  advertised  and  sold  to  the 
highest  responsible  bidder.  The  Council  may  reject  any  and  all 
bids  tendered  for  such  bonds  and  proceed  to  re-advertise  the  same 
when  the  bids  are  not  satisfactory.  The  T'reasurer  of  the  City  of 
Portland,  Oregon,  shall  have  the  care  and  custody  of  all  moneys 
received  from  the  sale  of  said  bonds  or  otherwise,  and  shall  pay 
out  the  same  on  the  warrants  of  the  Mayor  countersigned  by  the 
Auditor,  and  not  otherwise.  All  expenses  connected  with  the  pur- 
chase or  condemnation  of  any  property,  franchise  or  rights,  and  the 
expense  of  the  bonds  issued  as  herein  authorized  and  the  cost  of 
the  bridge  herein  provided  for,  are  to  be  paid  out  of  the  proceeds 
of  the  sale  of  said  bonds. 

[Am.  June  3,  1907,  §118.] 

Sec.  232 — Hawthorne  Avenue  Bridge  Fund: 

The  proceeds  of  any  sales  of  what  is  now  known  as  the  Mad- 
ison Street  Bridge,  or  any  part  thereof,  shall  become  a  part  of 
the  fund  provided  herein  for  the  construction  of  the  new  bridge 
and  may  be  used  by  the  said  Executive  Board*  as  a  part  of  said 
fund,  and  the  fund  created  from  the  sale  of  bonds  and  from  the 
sale  of  any  part  or  parts  of  the  bridge  now  known  as  the  Madison 
Street  Bridge,  shall  be  known  and  designated  as  the  "Hawthorne 
Avenue  Bridge  Fund."  All  of  unexpended  money  after  the  bridge 
herein  authorized  has  been  constructed  and  paid  for  shall  be  trans- 
ferred from  the  Hawthorne  Avenue  Bridge  Fund  to  a  fund  to  be 
known  and  designated  asi  the  "Bridge  Bond  Sinking  F'and,"  or 
shall  be  transferred  to  the  "Bonded  Indebtedness  Interest  Fund,'' 
and  used  in  the  redemption  of  said  coupons  outstanding  and  matur- 
ing upon  said  bonds  as  the  Council  of  the  City  of  Portland  may 
determine.  Any  funds  or  rentals  paid  for  the  use  of  said  bridge 
and  trackage  rights  thereon  shall  be  paid  to  the  Treasurer  of  the 
City  of  Portland  and  placed  to  the  credit  of  the  Bonded  Indebted- 
ness Interest  Fund. 

r^m.  June  3,  1907,  §118.] 
♦See  §§16-17. 

Sec.    233 — Authorizing    Construction    Hawthorne    Avenue 
Bridge  : 
From  the  Hawthorne  Avenue  Bridge   Ftmd,  as  herein  pro- 
vided, the  Executive  Board*  of  the  City  of  Portland,  County  of 
Multnomah,  State  of  Oregon,  and  its  successors  in  office  is  hereby 


94  PORTLAND  CITY  CHAETEE, 

authorized  and  empowered  in  the  name  of  the  City  of  Portland 
to  build  a  bridge  across  the  TOllamette  River  in  the  said  city  from 
Hawthorne  Avenue  on  the  east  side  of  said  river  to  Madison  Street 
on  the  west  side  of  said  river^  and  to  remove  what  is  now  known  as 
the  Madison  Street  Bridge  located  across  said  river  from  Haw- 
thorne Avenue  on  the  east  side  of  said  river  to  Madison  Street  on 
the  west  side  of  said  river,  and  to  use  or  to  sell  or  dispose  of  the 
said  Madison  Street  Bridge  or  the  material  composing  the  same 
for  such  price  and  upon  such  terms  as  the  Executive  Board*  in 
its  judgment  may  determine,  to  be  for  the  best  interest  of  the  City 
of  Portland.  The  approaches  to  said  bridge  shall  conform  to  the 
grades  of  streets  as  now  established  on  Hawthorne  Avenue  on  the 
east  side  of  said  river  and  Madison  Street  on  the  west  side  of  said 
river. 

[Am.  June  3,  1907,  §118.] 
*See  §§16-17. 

Sec.  23^1 — Authorizing  Condemnation  of  Property: 

The  said  Executive  Board*  and  its  successors  in  office  for  the 
purpose  of  carrying  into  effect  this  ordinance  is  hereby  authorized 
and  empowered  to  appropriate  and  condemn  in  the  name  of  the 
City  of  Portland  for  the  use  of  the  public  any  private  property 
abutting  upon  the  said  avenue  or  street,  or  either  thereof,  or  claimed 
to  exist  thereunder  or  over,  and  any  and  all  franchises,  easements, 
liens,  approaches,  structures,  superstructures,  leases,  railway  tracks, 
railway  wires  and  roadways,  and  telephone,  telegraph  and  electric 
light  wires,  which  said  Ecxecutive  Board  may  require  for  the  pur- 
poses of  this  ordinance.  And  said  property  may  be  entered  upon  and 
examined,  surveyed  and  selected  in  the  mode  prescribed  by  the 
statutes  of  this  state  for  the  appropriation  of  property  for  public 
use. 

[Am.  June  3,   1907. J 
*See  §§16-17. 

Sec.  235 — Franchise  Rights  on  Bridge: 

It  shall  be  the  duty  of  the  Executive  Board*  before  construct- 
ing the  bridge  herein  authorized,  to  enter  into  negotiations  with 
the  Portland  Railway,  Light  and  Power  Company,  or  any  other 
company  or  corporation!  now  operating  cars  over  what  is  known 
as  the  Madison  Street  Bridge,  for  the  surrender  of  its  present  lease 
and  franchise  and  any  and  all  other  rights  or  privileges  it  has  in, 
to  or  upon  what  is  now  known  as  the  Madison  Street  Bridge,  and 
approaches  thereto,  and  as  a  consideration  for  such  surrender  the 
Executive  Board*  is  hereby  authorized  to  agree  for  the  City  of 
Portland  to  construct  the  new  bridge  herein  provided  for,  and  to 
remove  what  is  known  as  the  Madison  Street  Bridge,  and  to  make 
and  execute  to  the  said  Portland  Railway,  light  and  Power  Com- 
pany, or  such  other  company  or  corporation  now  having  rights  or 
franchises  on  said  Madison  Street  Bridge,  a  lease  or  franchise 
to  operate  cars  over  and  across  said  new  bridge  for  a  term  not 


BOND  ISSUES  95 

exceeding  twenty-five  years.  Provided,  however,  that  the  said 
Portland  Eailway,  Light  and  Power  Company,  its  successors  and 
assigns,  or  any  other  company  or  corporation  holding  rights,  leases 
or  franchises,  on  said  bridge  shall  agree  in  and  by  said  new  lease 
or  franchise,  to  pay  as  rental  for  the  use  of  said  new  bridge  and 
approaches  thereto  and  tracks  thereon,  five  cents  (5c)  per  car  for 
each  and  every  car  of  thirty-six  (36)  feet  or  less  in  length  that 
crosses  said  bridge,  and  such  additional  rate  per  car  for  cars  over 
thirty-six  (36)  feet  in  length  as  may  thereafter  be  agreed  upon 
between  the  Executive  Board  and  the  company  or  corporation  in- 
terested therein.  Said  rental  to  be  paid  at  the  end  of  each  calendar 
month  to  the  City  Treasurer.  Said  rental  in  no  case  to  be  less  than 
fifteen  thousand  dollars  ($15,000)  per  year,  and  m  case  said 
rental  shall  amount  to  less  than  fifteen  thousand  dollars  ($15,000) 
per  year  upon  the  basis  of  the  rate  per  car  as  hereinbefore  provided, 
then  and  in  that  event  the  Portland  Eailway,  Light  and  Power 
Company,  its  successors  and  assigns,  shall  at  the  end  of  the  year, 
pay  the  difl^erence  between  the  amount  paid  at  the  rate  of  five  cents 
(5c)  per  car  and  the  said  sum  of  fifteen  thousand  dollars  ($15,000) 
to  the  City  Treasurer.  In  case  the  Executive  Board  shall  not  make 
such  an  agreement  with  the  Portland  Railway,  Light  and  Power 
Company  and  such  other  company  or  companies  holding  leases  or 
franchises  on  said  bridge  as  is  herein  authorized  to  be  made,  then 
and  in  such  event  said  Executive  Board  may  in  its  discretion  tem- 
porarily or  permanently  discontinue  or  abandon  any  further  steps 
or  proceedings  toward  the  building  of  said  new  bridge,  or  may, 
in  its  discretion,  proceed  to  acquire  by  condemnation  as  hereinbe- 
fore provided,  in  the  name  of  the  City  of  Portland  any  and  all 
franchises,  easements,  leases,  approaches,  structures,  superstruc- 
tures, liens,  railway  tracks,  railway  wires,  roadways^,  telephone  and 
telegraph  and  electric  wires  and  other  private  property  including 
said;  lease  and  franchise  and  any  other  rights  or  privileges  of  the 
Portland  Railway,  Light  and  Power  Company  or  such  other  com- 
pany or  companies  as  may  be  interested  therein,  which  may  be  re- 
quired for  the  purpose  of  carrying  into  effect  the  purposes  of  this 
act.  Said  Executive  Board*  and  its  successors  in  office,  are  hereby 
authorized  to  enter  into  contracts  and  leases  with  other  street  rail- 
way companies  for  the  use  and  operation  of  cars  over  and  upon  the 
tracks  of  said  new  bridge  and  the  approaches  thereto  for  such  times 
and  such  rates  and  upon  such  terms  and  conditions  as  may  in  the 
judgment  of  said  Executive  Board  be  necessary  for  the  best  inter- 
ests of  the  City  of  Portland.  Provided,  however,  that  in  and  by 
every  such  contract  or  lease  it  shall  be  provided  that  the  street 
railway  company  or  companies  shall  pay  the  City  of  Portland  as 
rental  for  the  use  of  said  new  bridge  and  approaches  thereto  and 
tracks  thereon,  five  cents  (5c)  per  car  for  each  time  each  and  every 
car  of  thirty-six   (36)   feet  or  less  in  length  crosses  said  bridge, 


96  PORTLAND  CITY  CHARTER 


and  such  additional  rate  per  car  for  cars  over  thirty-six  (36)  feet 
in  length  as  may  be  agreed  upon  between  said  railway  company  or 
companies  and  said  Executive  Board.*  And  provided,  further, 
that  said  Executive  Board  may  in  giving  or  granting  any  such 
contract  or  lease,  fix  a  minimum  sum  to  be  paid  each  month,  in 
any  event,  by  the  company  or  companies  to  which  such  contract 
or  lease  is  given  or  granted.  If  a  specified  agreement  for  the  sur- 
render of  the  present  lease  or  grant  and  the  granting  of  a  new 
lease  as  is  herein  authorized  is  not  made  and  entered  into  by  the 
Executive  Board  of  the  City  of  Portland  and  the  said  Portland 
Railway,  Light  and  Power  Company,  or  other  company  or  com- 
panies, or  corporation  or  corj5orations,  for  rights  on  said  bridge, 
the  same  shall  have  no  right  or  authority  to  operate  cars  over  and 
upon  or  use  said  new  bridge  and  the  approaches  thereto,  except 
under  or  by  virtue  of  such  new  contract  or  lease  as  may  be  given 
or  granted  to  it  by  said  Executive  Board  in  accordance  with  the 
provisions  of  this  Section.  Nothing  in  this  ordinance  shall  be  con- 
strued to  authorize  the  Executive  Board  or  its  successors  in  office, 
to  give  any  street  railway  company  any  exclusive  right  to  operate 
cars  over  said  new  bridge.  Should  said  Hawthorne  Avenue  Bridge 
be  destroyed  by  fire,  flood  or  other  casualty,  any  lease  or  contract 
with  reference  to  the  use  of  the  approaches  thereto  or  contracts 
thereon  by  any  street  railway  company  shall!  then  and  thereupon 
at  the  option  of  said  Executive  Board  and  its  successors  in  office 
cease  and  determine,  and  if  such  bridge  shall  be  rebuilt  then  said 
lease  or  contracts  for  the  use  of  the  approaches  to  or  tracks  upon 
said  bridge  shall  apply  to  said  bridge  so  rebuilt  or  renewed.  After 
the  building  of  the  said  bridge  hereby  authorized  the  said  Executive 
Board  shall  surrender  and  deliver  the  possession  of  the  same  to  the 
County  Court  of  j\Iultnomah  County,  and  such  court  shall  operate, 
control  and  manage  the  same  and  keep  the  same  in  repair  in  the 
same  manner  as  other  bridges  crossing  the  Willamette  River  within 
the  City  of  Portland  are  operated,  controlled  and  managed,  as  re- 
quired by  law. 

[Am.  June  3,   1907,  §118.] 
*See  §§16-17. 

ARTICLE  5— BROADWAY  BRIDGE  BONDS. 

Sec.  236 — Issue  and  Sale  of  Bonds;  General  Piiovisions: 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  city  to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  exceed- 
ing two  million  dollars  of  the  denominations  of  five  hundred  dol- 
lars, or  one  thousand  dollars,  as  the  Council  may  determine  and  in 
such  form  as  the  said  Council  shall  select,  with  interest  coupons 
attached  thereto.  The  said  bonds  shall  be  signed  by  the  Mayor 
and  countersigned  by  the  Auditor  of  said  City  of  Portland,  and 


BOND  ISSUES  97 


each  of  said  coupons  shall  have  the  signatures  of  the  Mayor  and  the 
Auditor  of  the  City  of  Portland  engraved  thereon,  whereby  the 
City  of  Portland  shall  be  held  and  considered  in  substance  and 
effect  to  undertake  and  promise,  in  consideration  of  the  premises, 
to  pay  to  the  bearer  of  each  of  said  bonds,  at  the  expiration  of 
thirty  years  from  the  date  thereof  the  sum  named  therein  in  gold 
coin  of  the  United  States,  together  with  interest  thereon  in  like 
gold  coin  at  the  rate  of  four  per  centum  per  annum,  payable  half- 
yearly  as  provided  in  said  coupons.  The  bonds  issued  in  pursuance 
of  the  authority  hereby  granted  shall  be  known  as  the  "Bridge 
Bonds  of  the  City  of  Portland,  Series  1909/^  The  bonds  herein 
provided  for  and  authorized  to  be  issued,  shall  be  advertised  and 
sold  to  the  highest  responsible  bidder.  The  Council  may,  at  its 
discretion,  reject  any  and  all  bids  tendered  for  such  bonds  and  pro- 
ceed to  re-advertise  the  same  when  the  bids  are  not  satisfactory. 
The  Treasurer  of  the  City  of  Portland,  Oregon,  shall  have  the 
care  and  custody  of  all  moneys  received  from  the  sale  of  said  bonds, 
or  otherwise,  and  shall  pay  out  the  same  on  warrants  of  the  Mayor 
countersigned  by  the  Auditor,  and  not  otherwise.  All  expenses 
connected  with  the  purchase  or  condemnation  of  any  property,  ease- 
ment, franchise,  or  rights,  and  the  expense  of  the  bonds  issued  as 
herein  authorized,  and  the  cost  of  the  bridge  herein  provided  for, 
with  its  approaches,  terminals  and  necessary  accessories,  are  to  be 
paid  out  of  the  proceeds  of  the  sale  of  said  bonds. 

From  the  fund  herein  provided  for,  the  Executive  Board*  of 
the  City  of  Portland,  Multnomah  County,  State  of  Oregon,  and 
its  successors  in  office,  is  hereby  authorized  and  empowered,  in  the 
name  of  the  City  of  Portland,  to  construct  and  build  a  bridge  with 
appropriate  approaches  and  terminals,  and  with  a  clearance  of  not 
less  than  65  feet  above  high  water  and  not  less  than  96.13  feet 
above  the  city  datum  or  low  water  mark,  across  the  Willamette 
Eiver  in  said  city,  from^  Broadway  street  at  or  near  its  intersection 
with  Larrabee  street,  on  the  east  side  of  said  river,  and  following 
the  line  of  Broadway  street  extended  westerly  in  its  present  course, 
to  a  point  at  or  near  its  intersection  with  Seventh  Street  on  the 
west  side  of  said  Willamette  Eiver;  thence  southerly  and  easterly 
to  a  point  at  or  near  the  intersection  of  Sixth  and  Irving  Streets; 
and  it  shall  have  full  power  and  authority,  subject  to  such  regula- 
tions as  may  be  imposed  by  the  United  States,  to  build,  erect  ajid 
construct  piers,  abutments  and  other  necessary  supports  in  the  bed 
of  the  Willamette  River  for  the  foundation  of  such  bridge. 

The  location  of  the  west  approach  and  incline  of  said  bridge 
shall  be  subject,  however,  to  such  modification  and  change  as  may 
be  deemed  expedient  by  said  Executive  Board  or  its  successors 
in  office. 

The  said  Executive  Board,  or  its  successors  in  office,  for  the 
pu.rpose  of  carrying  into  effect  the  provisions  of  this  section,  is 


98  PORTLAND  CITY  CHARTER 

hereby  authorized  and  empowered  to  appropriate  and  condemn  in 
the  name  of  the  City  of  Portland,  for  the  public  use,  any  property 
occupied  by  or  abutting  upon  said  streets,  bridge,  site,  approaches, 
or  terminals,  or  necessary  or  which  may  be  required,  for  the  con- 
struction or  maintenance  of  said  bridge,  approaches  or  terminals, 
including  all  franchises,  easements,  liens,  approaches,  structures, 
superstructures,  leases,  railroad  tracks,  and  railroad  property,  rail- 
way wires,  rights  of  way,  roadways,  telephone,  telegraph  and  electric 
wires,  which  said  Executive  Board,  or  its  successors  may  require 
to  carry  into  effect  the  purposes  of  this  section,  and  such  property 
may  be  entered  upon  and  examined,  surveyed,  selected,  condemned 
and  appropriated  in  the  mode  provided  by  the  Charter  of  the  City 
of  Portland,  or  by  the  statutes  of  the  State  of  Oregon,  for  the 
appropriation  of  property  for  public  use  or  corporate  purposes. 
And  for  the  purpose  of  carrying  the  provisions  of  this  section  into 
effect,  the  Executive  Board  of  the  City  of  Portland,  or  its  suc- 
cessors in  office,  is  authorized  and  empowered  to  appropriate  and 
use  the  whole  or  any  part  of  any  of  the  public  streets  or  highways 
of  the  City  of  Portland  or  to  establish  or  alter  the  grades  thereof. 
All  railway  tracks  laid  upon  said  bridge,  or  upon  its  approaches 
or  terminals,  shall  forever  be  and  remain  the  exclusive  property  of 
the  City  of  Portland,  and  no  exclusive  privilege  or  franchise  shall 
be  granted  to  any  person,  railway  company,  or  other  public  service 
corporation,  for  the  use  of  the  whole  or  any  part  of  such  bridge, 
approaches,  or  terminals.  And  all  of  such  privileges  or  franchises 
that  may  be  granted  by  the  City  of  Portland  for  the  use  of  the  whole, 
or  any  part  of  such  bridge,  approaches,  or  terminals,  shall  be 
granted  upon  such  compensation  to  the  City  as  may  be  determined 
by  the  Council  of  the  City  of  Portland  or  its  successors  in  office. 
After  the  construction  of  such  bridge,  the  Executive  Board,  or  its 
successors  in  office,  shall  surrender  and  deliver  the  possession  of 
the  same  to  the  County  Court  of  Multnomah  County,  State  of 
Oregon,  and  such  court  shall  operate,  control  and  manage  the  same 
and  keep  the  same  in  repair  in  the  same  manner  as  other  bridges 
crossing  the  Willamette  River  within  the  City  of  Portland  are 
operated,  controlled  and  managed  as  required  by  law. 

All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed to  the  extent  that  they  may  conflict  with  the  provisions 
hereof. 

[Am.   June   7,   1909,   §118V2.] 
*See  §§16-17. 

ARTICLE  6— FIRE  BOAT  AND  FIRE  MAIN  BONDS. 

Sec.  237 — Issue  and  Sale  oe  Bonds  : 

The  Council  of  the  City  of  Portland,  and  its  successors  in 
office,  is  hereby  authorized  and  empowered  in  the  name  of  the  City 
of  Portland  to  issue  and  dispose  of  bonds  of  the  City  of  Portland 


BOND  ISSUES  99 


to  an  amount  not  exceeding  $275,000.00  of  the  denomination  of 
five  hundred  dollars  or  of  one  thousand  dollars,  as  the  Council 
may  determine,  under  the  seal  of  the  City  of  Portland,  with  inter- 
est coupons  attached  thereto.  The  said  honds  shall  be  signed  by 
the  Mayor  and  countersigned  by  the  Auditor  of  the  City  of  Port- 
land, and  each  of  said  coupons  shall  have  the  signatures  of  the 
Mayor  and  Auditor  of  the  City  of  Portland  engraved  thereon, 
whereby  the  City  of  Portland  shall  be  held  and  considered  in  sub- 
stance and  effect  to  undertake  and  promise,  in  consideration  of  the 
premises,  to  pay  the  bearer  of  each  of  said  bonds  at  the  expiration 
of  twenty-five  years  from  the  date  thereof,  the  sum  named  therein 
in  gold  coin  of  the  United  States,  together  with  interest  thereon 
in  like  coin  at  the  rate  of  four  per  cent  (4  per  cent)  per  annum, 
payable  half  yearly,  as  provided  in  said  coupons.  The  bonds  issued 
in  pursuance  of  the  authority  hereby  granted  shall  be  known  as 
"General  Bonds  of  the  City  of  Portland,  Oregon."  The  bonds 
herein  provided  for  and  authorized  to  be  issued  shall  be  advertised 
and  sold  to  the  highest  responsible  bidder  and  the  Council  may  in 
its  discretion  reject  any  and  all  bids  tendered  for  said  bonds  and 
proceed  to  readvertise  the  same  when  the  bids  are  not  satisfactory. 
The  money  derived  from  the  sale  of  said  bonds  shall  be  in  the  cus- 
tody of  the  Treasurer  of  the  City  of  Portland  and  credited  to  a 
fund  to  be  known  as  "The  Fire  Boat  and  Fire  Mains  Fund"  and 
the  Treasurer  shall  pay  out  of  the  same  on  warrants  of  the  Mayor 
attested  by  the  Auditor  and  not  otherwise.  When  the  said  bonds 
are  sold  and  the  money  therefor  has  been  paid  to  the  Treasurer  of 
the  City,  the  power  and  authority  shall  be  vested  in  the  Executive 
Board*  to  purchase,  construct  and  equip  an  additional  fire  boat  for 
the  City  of  Portland,  and  to  lay  the  mains  as  herein  provided,  and 
of  the  proceeds  thereof  not  to  exceed  $125,000.00  shall  be  expended 
for  the  purchase  or  construction  and  equipment  of  a  suitable  fire 
boat  and  the  remainder  thereof  shall  be  expended  for  the  laying  of 
water  mains  for  protection  against  fire,  from  the  Willamette  Eiver 
and  on  each  side  thereof,  for  a.  distance  of  six  blocks  and  for  the 
purpose  of  placing  on  said  mains,  hydrants  and  other  apparatus  as 
may  be  determined  upon  by  the  Executive  Board. 

[Am.  June  3,   1907,  §118.] 
*See  §§16-17. 

AETICLE  7— CREMATORY  BONDS. 

Sec.  238 — Issue  and  Sale  of  Bonds  : 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  City 'to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  exceed- 
ing one  hundred  and  fifty  thousand  dollars  ($150,000),  of  the 
denomination  of  five  hundred  dollars  ($500)  or  one  thousand  dol- 
lars ($1,000),  as  the  Council  may  determine,  and  in  such  form  as 


100  PORTLAND  CITY  CHARTER 

said  Council  shall  select,  with  interest  coupons  attached  thereto. 
The  said  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by 
the  Auditor  of  said  City  of  Portland,  and  each  of  said  coupons 
shall  have  the  signatures  of  the  Mayor  and  the  Auditor  of  said 
City  of  Portland  engraved  thereon,  whereby  the  City  of  Portland 
shall  be  held  and  considered  in  substance  and  effect  to  undertake 
and  promise  in  consideration  of  the  premises  to  pay  to  the  bearer 
of  each  of  said  bonds  the  sum  named  therein  in  gold  coin  of  the 
United  States,  in  ten  equal  annual  installments  from  the  general 
fund  of  the  City  of  Portland,  together  with  interest  thereon  in  like 
gold  coin  at  the  rate  of  five  per  cent  per  annum,  payable  half  yearly 
as  provided  in  said  coupons.  The  first  annual  installment  to  mature 
July  1,  1910. 

The  bonds  issued  in  pursuance  of  the  authority  hereby  granted 
shall  be  known  as  "Crematory  Bonds'^  of  the  City  of  Portland  and 
shall  be  paid  from  the  general  fund. 

The  bonds  herein  provided  for  and  authorized  to  be  issued 
shall  be  advertised  and  sold  to  the  highest  responsible  bidder.  The 
Council  may  reject  any  and  all  bids  tendered  for  such  bonds  and 
proceed  to  re-advertise  the  same  when  the  bids  are  not  satisfactory. 
The  Treasurer  of  the  City  of  Portland,  Oregon,  shall  have  the  care 
and  custody  of  all  moneys  received  from  the  sale  of  said  bonds 
or  otherwise,  and  shall  pay  out  the  same  on  the  warrants  of  the 
Mayor,  countersigned  by  the  Auditor,  and  not  otherwise. 

The  proceeds  of  the  sale  of  the  bonds  herein  provided  for  shall 
be  expended  by  the  Council  in  the  payment  of  the  expenses  of  ad- 
vertising and  issuing  said  bonds,  and  in  the  acquisition  of  land  for 
incinerating  plants,  either  in  the  direct  purchase  thereof  or  in  pur- 
suance of  condemnation  proceedings  in  the  manner  provided  by  the 
statutes  of  the  State  of  Oregon  for  the  appropriation  of  land  for 
corporate  purposes;  and  by  the  Board  of  Health*  in  pursuance  of 
appropriations  therefor,  in  the  purchase,  construction,  installation, 
improvement  and  repair  of  incinerating  plants  and  their  necessary 
accessories.  Said  incinerating  plants  shall  be  under  the  manage- 
ment, control  and  supervision  of  the  Board  of  Health.* 

The  Council  is  hereby  authorized  to  provide  a  rate  to  be 
charged  for  the  collection  and  removal  of  garbage. 

[Am.  June  7,  1909,  s425y2.] 
*See  §§16-17. 

ARTICLE  8— PUBLIC  AUDITORIUM  BONDS. 

Sec.  239 — Creation  of  Commission;  Terms  of  Office: 

That  there  is  hereby  created  a  Public  Auditorium  Commis- 
sion*. Said  Commission  shall  be  composed  of  five  members  who 
shall  be  appointed  by  the  Mayor.  Within  ten  days  after  the  adop- 
tion of  this  act  the  Mayor  shall  appoint  five  persons  as  members  of 
said  Commission,  who  are  qualified  voters  and  have  been  residents 


BOND  ISSUES  101 


of  the  City  of  Portland  for  three  years.  Such  persons  shall  deter- 
mine by  lot  among  themselves,  the  length  of  their  terms,  for  one, 
two,  three,  four  and  five  years,  respectively.  On  the  expiration  of 
the  term  of  any  member  his  successor  shall  be  appointed  by  the 
Mayor.  Eesignations,  when  made,  shall  be  addressed  to  and  ac- 
cepted by  the  Mayor,  and  vacancies  filled  by  him  by  appointment  for 
the  unexpired  term.  The  members  shall  serve  without  salary  or 
compensation  of  any  nature.  Within  ten  days  after  their  appoint- 
ment the  Commission  shall  meet  and  organize  by  the  election  of  a 
Chairman  and  the  Auditor  of  the  City  of  Portland  shall  be  ex- 
officio  Clerk  of  said  Commission,  without  extra  compensation. 

[Am.  June  5,  1911,  §425%.] 
*See  §§16-17. 

Sec.  240 — Rules  and  Regulations  : 

The  Commission  shall  have  power  and  authority  to  make  all 
necessary  rules  and  regulations  for  its  government. 

[Am.  June  5,  1911,  §425%.] 

8:kc.  241 — Public  Letting  of  Contracts  : 

In  the  construction  of  said  Public  Auditorium,  the  Commis- 
sion shall  proceed  only  after  public  notice  asking  for  proposals 
based  upon  the  plans  and  specifications  previously  submitted  and 
filed  with  the  Commission  by  its  architect,  and  approved  by  it; 
Provided,  that  when,  in  the  judgment  of  the  Commission,  the  bids 
are  excessive,  or  otherwise  unsuitable,  the  Commission  may  pro- 
ceed to  do  the  work  directly.  The  Commission  shall  in  all  cases  have 
the  right  to  reject  any  and  all  bids.  In  the  event  that  it  shall  per- 
form the  work  directly  or  without  contract,  it  shall  make  no  pur- 
chase of  materials  in  amounts  exceeding  two  hundred  fifty  ($250.00) 
dollars,  except  by  public  letting,  or  in  case  of  failure  to  receive  bids 
after  reasonable  notice  in  a  public  newspaper  of  the  City  of  Port- 
land, or  in  case  of  extreme  emergenc}^  where  the  delay  of  public 
letting  might  cause  serious  loss  or  injury  to  the  work.  And  it  is 
further  provided  that  open  competition  shall  be  had  in  the  letting 
of  all  contracts  for  said  construction  including  contracts  of  archi- 
tects in  drawing  plans  and  designs  for  said  construction  work  which 
shall  be  in  pursuance  of  the  rules  of  the  American  Institute  of 
Architects. 

[Am.  June  5,  1911,  §425%.] 

Sec.  242 — Provision  for  Oregon  Historical  Society: 

The  Commission  shall  have  the  authority  to  permit  the  Oregon 
Historical  Society  to  occupy  such  portion  of  such  Public  Audi- 
torium as  it  may  designate  and  upon  such  terms  and  conditions  as 
said  Commission  shall  prescribe  and  said  Commission  shall  have 
exclusive  charge  and  control  of  said  Auditorium  property  subject 
to  the  provisions  herein  contained. 

[Am.  June  5,   1911,   §425%.] 


102  PORTLAND  CITY  CHARTER 

Sec.  243 — ^Same — Power  to  Employ  Subordinates  and  Control 
Use  of  Auditorium  : 
The  Commission  shall  have  the  power  to  employ  such  officers, 
employes  and  agents  as  may  be  necessary  in  the  efficient  and  eco- 
nomical carrying  out  of  its  duties  and  to  fix  and  provide  for  their 
compensation,  but  such  officers,  employes  and  agents  shall  not  be 
subject  to  the  Civil  Service  provisions  of  the  City  Charter.  The 
Commission  shall  have  exclusive  authority  to  fix  the  rates  to  be 
charged  for  the  use  of  said  Auditorium;  to  enter  into  any  con- 
tract with  theatrical  or  other  companies,  for  the  use  of  said  Audi- 
torium for  a  term  not  exceeding  two  years,  and  shall  also  have  power 
and  authority  to  allow  said  Auditorium  to  be  used  by  the  general 
public,  free  of  charge,  at  such  times  and  upon  such  occasions  as 
it,  in  its  judgment,  may  determine. 

[Am.  June  5,   1911,   §425%.] 

Sec.  244 — Annual  Report  : 

The  Commission  shall  annually  make  to  the  Council  of  the 
City  of  Portland  a  full  report  of  its  doings  for  the  year,  including 
an  itemized  account  of  its  estimated  receipts  and  expenditures  for 
the  ensuing  year.  Such  report  shall  be  made  at  the  same  time 
as  reports  of  the  other  departments  of  the  City  are  submitted. 

[Am.  June  5,  1911,  §425%.] 

Sec.  245 — Issue  and  Sale  of  Bonds — Sinking  Fund  : 

The  Commission  is  hereby  authorized,  in  the  name  and  under 
the  corporate  seal  of  said  City,  to  issue  and  dispose  of  bonds  to  an 
amount  not  to  exceed  six  hundred  thousand  dollars,  with  interest 
coupons  thereto  attached,  of  the  City  of  Portland,  in  such  amounts 
and  in  such  denominations  as  the  Council  may  determine;  Pro- 
vided, however,  that  said  issue  of  bonds  shall  be  subject  to  the  lim- 
itations provided  in  Section  160  of  the  Charter  of  the  City  of  Port- 
land. Said  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by 
the  Auditor  of  said  City,  and  each  of  said  coupons  shall  bear  the 
fac  simile  signatures  of  the  Mayor  and  of  the  Auditor  of  said  City 
of  Portland  engraved  thereon,  whereby  the  City  of  Portland 
shall  be  held  and  considered  in  substance  and  effect  to  under- 
take and  promise  in  consideration  of  the  premises,  to  pay  to 
the  bearer  of  each  of  said  bonds,  at  the  expiration  of  thirty  (30) 
years  from  the  date  thereof,  the  sum  named  therein  in  gold  coin 
of  the  United  States,  together  with  interest  thereon  in  like  gold 
coin  at  the  rate  of  four  (4  per  cent)  per  centum  per  annum,  pay- 
able semi-annually  as  provided  in  said  coupons.  Said  bonds  and 
interest  are  to  be  paid  from,  taxes  to  be  assessed,  levied  and  collected 
upon  real  and  personal  property  in  the  City  of  Portland,  not  ex- 
empt from  taxation,  and  the  Council  shall,  each  year,  at  the  same 
time  the  other  levy  or  levies  of  taxes  are  made,  as  provided  by 
Section  190  of  the  Charter,  have  power  and  authority  to  levy  an 
additional  tax  of  such  fraction  of  a  mill  on  each  dollar  of  valuation 


BO'ND  ISSUES  103 


of  the  property  in  said  City  that  will  yield  not  less  than  the  sum  of 
three  thousand  ($3,000.00)  dollars  nor  more  than  four  thousand 
($4,000.00)  dollars,  which  sum  will  be  apportioned  to  a  fund  to 
be  known  as  a  "Sinking  Fund^'  for  the  retirement  of  the  bonds 
herein  authorized  to  be  issued  and  said  sinking  fund  shall  be  in- 
vested by  the  Commission  in  interest-bearing  bonds  of  the  United 
States,  the  State  of  Oregon,  the  City  of  Portland,  or  any  city 
of  the  first  class,  preference,  however,  to  be  given  in  all  instances  to 
interest-bearing  bonds  of  the  City  of  Portland,  and  all  such  securi- 
ties shall  be  deposited  with  the  City  Treasurer. 

[Am.  June  5,   1911,  §425%.] 

Sec.  246 — Disbursements  : 

The  said  bonds  issued  in  pursuance  of  the  authority  hereby 
granted  shall  be  known  as  "Public  Auditorium  Bonds  of  the  City 
of  Portland,  Oregon,"  and  the  same  shall  be  advertised  and  sold 
to  the  highest  responsible  bidder.  The  Commission  may,  in  its 
discretion,  reject  any  and  all  bids  tendered  for  such  bonds,  and 
proceed  to  re-advertise  the  same  when  the  bids  are  not  satisfactory 
to  said  Commission.  All  moneys  derived  from  the  sale  of  such 
bonds,  and  all  revenues  of  every  nature  whatsoever  derived  from 
said  Public  Auditorium,  shall  constitute  the  "Ptiblic  Auditorium 
Fund  of  the  City  of  Portland,"  and  shall  be  in  the  care  and  cus- 
tody of  the  Treasurer  of  the  City  of  Portland.  Disbursements 
shall  be  made  by  him  on  warrants  of  the  Chairman  and  Clerk  of 
the  Commission,  in  pursuance  of  its  general  purposes  and  after 
express  authority  by  resolution  of  the  Commission.  The  books  of 
the  Commission  shall,  from  time  to  time,  be  audited  by  the  Auditor 
of  the  City  of  Portland,  under  the  direction  of  .the  Council,  in  such 
manner  and  at  such  time  as  it  may  prescribe. 

[Am.  June  5,   1911,   §425%.] 

Sec.  247 — Deficit  Paid  Out  of  Ceneral  Fund  : 

In  case  the  revenues  from  said  Auditorium  for  any  preced- 
ing year  are  insufficient  to  pay  for  the  maintenance  and  operation 
of  said  Auditorium.,  then  the  Council  shall  have  authority  to  pay 
such  deficit  out  of  the  general  fund. 

[Am.  June  5,   1911,   §425%.] 

Sec.  248 — Expenditure  of  Fund  : 

From  the  fund  herein  provided  for,  the  Commission  is  hereby 
authorized  and  empowered  to  expend  the  same,  first,  in  the  pay- 
ment of  the  expense  of  the  issuance  and  sale  of  said  bonds,  and  in 
the  acquisition  of  land  for  a  site  for  said  Auditorium,  either  in  the 
direct  purchase  thereof  or  in  pursuance  of  condemnation  proceed- 
ings in  the  manner  provided  by  the  statutes  of  the  State  of  Oregon 
for  the  appropriation  of  land  for  corporate  purposes,  and  second, 
for  the  construction,  maintenance,  operation  and  management  of 
the  said  Public  Auditorium. 

[Am.  June  5,   1911,  §425%.] 


104  PORTLAND  CITY  CHARTER, 


ARTICLE  9— MUNICIPAL  JAIL  BONDS. 

Sec.  249 — ^Issue  axd  Sale  of  Bonds  : 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  City  to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  exceed- 
ing two  hundred  thousand  ($200,000.00)  dollars  of  such  denomi- 
nation as  the  Council  may  determine,  and  in  such  form  as  said 
Council  shall  select,  with  interest  coupons  attached  thereto.  The 
said  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by  the 
Auditor  of  said  City  of  Portland,  and  each  of  said  coupons  shall 
have  the  signatures  of  the  Mayor  and  of  the  Auditor  of  the  City  of 
Portland  engraved  thereon,  whereby  the  City  of  Portland  shall  be 
held  and  considered  in  substance  and  effect  to  undertake  and 
promise,  in  consideration  of  the  premises,  to  pay  to  the  bearer  of 
each  of  said  bonds,  at  the  expiration  of  thirty  years  from  the  date 
hereof,  the  sum  named  therein  in  gold  coin  of  the  United  States 
of  America,  together  with  interest  thereon  in  like  coin  at  the  rate 
of  four  per  centum  per  annum  payable  half  yearly  as  provided  in 
said  coupons.  The  bonds  issued  in  pursuance  of  the  authority 
hereby  granted  shall  be  known  as  "Mnnicipal  Jail  Bonds  of  the 
City  of  Portland,  Oregon,"  and  shall  be  payable  by  general  taxa- 
tion as  provided  by  Section  190  of  the  Charter.  The  bonds  herein 
provided  for  and  authorized  to  be  issued  shall  be  advertised  and 
sold  to  the  highest  responsible  bidder.  The  Council  may,  in  its 
discretion,  reject  any  and  all  bids  tendered  for  such  bonds  and 
proceed  to  re-advertise  the  same  when  the  bids  are  not  satisfactory. 
The  Treasurer  of  the  City  of  Portland,  Oregon,  shall  have  the 
care  and  custody  of  all  moneys  received  from  the  sale  of  said  bonds, 
or  otherwise,  and  shall  pay  out  the  same  on  warrants  of  the  Mayor, 
countersigned  by  the  Auditor,  and  not  otherwise. 

[Am.  June  5,   1911,  §428.] 

Sec.  250 — Expenditure  of  Proceeds  : 

The  proceeds  of  the  sale  of  the  bonds  herein  provided  for  shall 
be  expended  by  the  Council  in  the  payment  of  the  expenses  of 
advertising  and  issuing  said  bonds,  and  in  the  acquisition  of  land 
for,  and  in  the  construction  and  erection  of  a  building  to  be  used 
for  a  municipal  jail,  municipal  courthouse,  headquarters  for  the 
Police  Department,  and  for  an  emergency  hospital.  The  Council 
of  the  City  of  Portland  is  hereby  authorized  and  empowered  to 
acquire,  either  by  direct  purchase  or  in  pursuance  of  condemna- 
tion proceedings  as  provided  by  the  Charter  of  the  City  of  Port- 
land and  the  statutes  of  the  State  of  Oregon,  an  appropriate  site 
for  said  municipal  jail  building,  or  to  appropriate  and  use  any 
property  now  owned  by  the  City  of  Portland  available  for  such 
purpose. 

[Am.  June  5,  1911,  §428.] 


BOND  ISSUES  105 


Sec.  251 — Construction  of  Jail  Building: 

From  the  fund  herein  provided  for,  the  Executive  Board*  of 
the  City  of  Portland,  Oregon,  and  its  successors  in  office,  is  hereby 
authorized  and  empowered  to  construct  and  furnish  a  suitable  build- 
ing to  be  used  for  the  purposes  herein  designated,  and  to  enter  into 
all  the  necessary  contracts  therefor.  Said  building,  when  completed, 
shall  be  under  the  supervision  and  control  of  said  Executive  Board. 

[Am.  June  5,  1911,  §428.] 
*See  §§16-17. 

ARTICLE  10— MUNICIPAL  GARBAGE  COLLECTION 

BONDS. 

Sec.  252 — Issue  and  Sale  of  Bonds  : 

The  Council  of  the  City  of  Portland  is  hereby  authorized  in 
the  name  of  and  under  the  corporate  seal  of  said  City  to  issue  and 
dispose  of  bonds  of  said  City  of  Portland  to  an  amount  not  ex- 
ceeding seventy-five  thousand  ($75,000.00)  dollars  of  such  denomi- 
nations as  the  Council  may  determine,  and  in  such  form  as  said 
Council  shall  select,  with  interest  coupons  attached  thereto.  The 
said  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by  the 
Auditor  of  said  City  of  Portland,  and  each  of  said  coupons  shall 
have  the  signature  of  the  Mayor  and  Auditor  of  the  City  of  Port- 
land engraved  thereon,  whereby  the  City  of  Portland  shall  be  held 
and  considered  in  substance  and  effect  to  undertake  and  promise, 
in  consideration  of  the  premises,  to  pay  to  the  bearer  of  each  of 
said  bonds,  at  the  expiration  of  thirty  years  from  the  date  thereof, 
the  sum  named  therein  in  gold  coin  of  the  United  States  of  Amer- 
ica, together  with  interest  thereon  in  Hke  coin  at  the  rate  of  four 
per  centum  per  annum  payable  half-yearly  as  provided  in  said 
coupons.  The  bonds  issued  in  pursuance  of  the  authority  hereby 
granted  shall  be  known  as  "Municipal  Garbage  Collection  Bonds, '^ 
and  the  interest  and  principal  of  said  bonds  shall  be  paid  out  of  the 
Municipal  Garbage  Collection  Fund,  but  the  same  shall  be  con- 
sidered as  a  general  obligation  of  the  City.  The  bonds  herein 
provided  for  and  authorized  to  be  issued  shall  be  advertised  and 
sold  to  the  highest  responsible  bidder.  The  Council  may,  in  its 
discretion,  reject  any  and  all  bids  tendered  for  such  bonds  and 
proceed  to  readvertise  the  same  when  the  bids  are  not  satisfactory. 
Tlie  Treasurer  of  the  City  of  Portland,  Oregon,  shall  have  the  care 
and  custody  of  all  moneys  received  from  the  sale  of  said  bonds, 
or  otherwise,  which  shall  be  credited  to  the  Municipal  Garbage 
Collection  Fund,  and  shall  pay  out  the  same  on  warrants  of  the 
Mayor  countersigned  by  the  Auditor  of  the  City  of  Portland,  and 
not  otherwise. 

[Am.  June  5,  1911,  §429.] 

Sec.  253 — Expenditure  of  Proceeds — General  Provisions: 

The  proceeds  of  the  sale  of  said  bonds  may  be  expended  by 
the  Council  in  the  payment  of  the  expenses  of  advertising  and 


106  PORTLAND  CITY  CHARTER 

issuing  said  bonds;  and  the  Board  of  Health*  may,  in  pursuance  of 
appropriations  therefor,  establish  a  Mtinicipal  Garbage  Collection 
System,  and  purchase  all  the  necessary  accessories  therefor.  The 
Council  shall  have  the  right  to  fix  the  rate®  which  shall  be  charged 
for  the  collection  of  garbage.  The  Board  of  Health  shall  have 
power  and  authority  to  employ,  hire  and  discharge  from  time  to 
time,  subject  to  the  Civil  Service  Rules  of  this  Charter,  all  agents, 
workmen,  laborers  and  servants,  as  it  may  deem,  necessary  or  re- 
quisite in  the  conduct,  operation  and  management  of  said  Municipal 
Garbage  Collection  System,  and  to  make  all  needful  rules  and  regu- 
lations for  the  conduct  and  management  of  the  same,  and  to  pro- 
vide for  the  payment  of  rates  monthly  in  advance,  or  otherwise,  and 
to  discontinue  the  service  from  any  house,  tenant  or  place  when  said 
garbage  rate  is  not  duly  paid,  or  when  any  rule  or  regulation  is  dis- 
regarded or  disobeyed,  and  to  do  any  other  act  or  make  any  other 
regulation  necessary  and  convenient  for  the  carrying  out  of  the 
power  and  authority  given  by  this  Charter  in  conducting  said 
Municipal  Garbage  Collection  System. 

[Am.  June  5,  1911,  §429.] 
*See  §§16-17. 

Sec.  254 — Fixing  of  Garbage  Collection  Rates  : 

The  Board  of  Health*  shall  annually  make,  before  the  first 
day  of  January,  a  written  estimate  of  the  probable  expense  of  main- 
taining and  conducting  said  Garbage  Collection  System  during  the 
ensuing  year,  and  also  the  cost  of  any  contemplated  alteration,  im- 
provement or  extension  thereof.  Said  Board  of  Health*  shall 
ascertain  and  prescribe,  as  nearly  as  it  conveniently  can,  a  garbage 
collection  rate  for  the  ensuing  year  which  will  insure  a  sufficient 
income  from  the  collection  of  garbage  to  pay  such  expenses  and  costs, 
together  with  the  interest  on  said  bonds,  and  a  sum  not  exceeding 
three  per  cent  of  the  principal  of  the  bonds  issued  under  this  act 
to  be  used  as  a  sinking  fund  to  redeem  said  bonds,  and  said  sinking 
fund  shall  be  invested  in  interest  bearing  bonds,  preference  to  be 
given  to  bonds  issued  by  the  City  of  Portland.  Said  estimate  shall 
thereupon  be  submitted  to  the  Council.  The  Council  shall  not 
increase  the  expenditures  proposed  nor  decrease  the  garbage  col- 
lection rate  set  out  therein,  but  it  may  reduce  or  omit  any  pro- 
posed items  of  expenditure  or  increase  the  rate  to  be  charged  for 
the  collection  of  garbage.  The  Council  shall,  by  ordinance,  au- 
thorize the  proposed  expenditures  to  be  paid  only  out  of  the  said 
Municipal  Garbage  Collection  Fund  and  shall  likewise  fix  the  garb- 
age collection  rates  for  the  ensuing  year.  In  case  of  any  unfore- 
seen or  great  emergency,  the  Council  may,  by  ordinance,  at  any 
time  on  recommendation  of  the  Board  of  Health*,  authorize  further 
expenditures  to  be  made  out  of  the  Municipal  Garbage  Collection 
Fund.  All  moneys  collected  or  received  by  the  Board  of  Health 
for  the  collection  of  garbage  shall  be  deposited  with  the  City  Treas- 


STREETS  AND  THEIR  IMPROVEMENT  107 

urer,  who  shall  keep  the  same  separate  and  apart  from  the  other 
funds  of  the  City  in  a  fund  to  be  known  as  the  Municipal  Garbage 
Collection  Fund. 

[Am.  June  5,  1911,  §429.] 
*See  §§16-17. 

CHAPTER  XI. 
STREETS  AND  THEIR  IMPROVEMENT. 

Sec.  255 — Definition  of  ^'Street^^  : 

The  term  "street"  as  used  in  this  Charter  shall  be  construed 
to  include  any  street,  avenue,  boulevard,  alley,  lane,  bridge,  bicycle 
path,  road,  public  thoroughfare  or  public  way,  and  any  land  over 
which  any  right  of  way  has  been  obtained  or  granted,  for  any 
purpose  of  public  travel. 

[Ch.   1903.   §75;   Am.  May  3,   1913,  §57.] 

Sec.  256 — Bonding  Assessments  for  Street  E:xtension: 

Whenever  the  Council,  or  other  competent  authority,  shall  have 
proceeded  to  lay  out  or  establish  new  streets  or  change  existing 
streets  by  widening,  altering  or  extending  the  same,  and  shall  have 
assessed  the  cost  thereof  to  the  property  benefited  thereby  or  liable 
therefor,  it  shall  be  lawful  for  the  owner  of  any  property  so  assessed 
for  such  establishment  or  change  of  streets  in  the  sum  of  ten  dol- 
lars or  more,  at  any  time  within  thirty  days  after  notice  of  such 
assessment  to  file  with  the  Auditor  a  written  application  to  pay 
said  assessment  in  installments,  and  such  written  application  shall 
state  that  the  said  applicant  and  property  owner  does  hereby  waive 
all  irregularities  or  defects,  jurisdictional  or  otherwise,  in  the  pro- 
ceedings to  establish^  or  to  change  streets  for  which  said  assess- 
ment is  levied  and  in  the  apportionment  of  the  cost  thereof.  Said 
application  shall  contain  a  provision  that  the  said  applicant  and 
property  owner  agrees  to  pay  said  assessment  in  twenty  semi-annual 
installments,  with  interest  at  the  same  rate  on  all  such  assessments 
which  have  not  been  paid  as  that  expressed  in  the  bonds  issued  to 
pay  for  such  improvements.  Said  application  shall  also  contain  a 
statement,  by  lots  or  blocks,  or  other  convenient  description,  of  the 
property  of  the  applicant  assessed  for  such  establishment  or  change 
of  streets. 

No  such  application  shall  be  received  and  filed  by  the  Auditor 
if  the  amount  of  such  assessment,  with  any  previous  assessment  for 
street  improvements,  or  sewers,  or  for  the  establishment  or  chang- 
ing existing  streets,  by  widening,  altering  or  extending  the  same 
assessed  against  the  same  pr6{)eTty  and  remaining  unpaid,  shall 
equal  or  exceed  the  valuation  of  said  property,  as  shown  by  the 
last  tax  roll  of  the  County  of  Multnomah,  unless  the  owner  or  ap- 
plicant pay  the  difference  between  the  amount  standing  against  said 
property  and  remaining  unpaid,  including  the  assessment  contem- 


108  PORTLAND  CITY  CHARTER 

plg^ted  herein,  and  the  assessed  valuation  of  said  property  as  shown 
by  the  last  tax  roll  of  the  County  of  Multnomah,  in  cash ;  provided, 
however,  that  if  the  application  is  made  by  such  property  owner 
to  pay  said  assessment  in  installments  as  herein  provided,  and  the 
said  street  for  which  such  assessment  is  made  is  not  established  or 
changed,  as  aforesaid,  the  said  application  to  pay  the  assessment 
in  installments  as  provided  herein  shall  be  of  no  force  or  effect 
and  shall  not  stand  as  a  lien  against  the  property  of  said  applicant. 

[Am.  Nov.   2,   1912,  §361a.] 

Sec.  257 — Records  of  Bonding  Applications  : 

The  Auditor  shall  keep  all  such  applications  as  are  specified 
in  Section  256  hereof,  in  convenient  form  for  examination.  The 
application  received  for  each  establishment  or  change  of  streets 
shall  be  kept  separate,  and  he  shall  also  enter  in  a  book  kept  for 
that  purpose,  under  separate  heads  for  each  such  establishment  and 
change  of  streets,  the  date  of  filing  of  each  application,  the  name 
of  the  applicant,  a  description  of  the  property  and  the  amount  of 
the  assessment,  as  shown  in  the  application. 

[Am.  Nov.   2,  1912,  §361b.] 

Sec.  258 — Entries  in  Bond  Lien  Docket  : 

After  the  expiration  of  the  time  for  filing  application  for 
the  payment  of  assessments  for  establishing  and  for  changing 
streets,  as  aforesaid,  by  installments,  as  provided  in  Section  256  of 
this  Charter,  the  Auditor  shall  enter  in  a  docket  for  that  purpose, 
to  be  known  as  the  Bond  Lien  Docket,  under  separate  heads  for 
each  establishment  and  change  of  streets,  by  name  or  number, 
a  description  of  each  lot  or  parcel  of  land  or  other  property,  against 
which  said  assessment  is  made,  or  which  bears  or  is  chargeable  for 
the  cost  of  such  establishment  or  change  of  streets,  and  upon  which 
application  to  bond  has  been  filed,  with  the  name  of  the  owner  and 
the  amount  of  such  unpaid  assessment.  Such  docket  shall  stand 
thereafter  as  a  Lien  Docket  as  for  taxes  assessed  and  levied  in 
favor  of  the  City  of  Portland,  and  for  the  amounts  of  such  unpaid 
assessments  therein  docketed,  with  interest  on  said  unpaid  assess- 
ments at  the  rate  provided  in  the  bonds  issued  for  such  unpaid 
assessment,  against  each  such  lot  or  parcel  of  land  or  other  prop- 
erty, until  such  assessments  and  interest  are  paid  in  the  manner 
hereinafter  provided ;  and  all  unpaid  assessments  and  interest  shall 
be  and  remain  a  lien  upon  each  lot  or  parcel  of  land  or  other 
property,  respectively,  in  favor  of  the  City  of  Portland,  and  such 
liens  shall  have  priority  over  all  other  liens  and  incumbrances 
whatsoever,  except  the  lien  of  subsequent  City  assessments  and 
general  taxes;  provided,  however,  that  if  the  street  for  which  the 
application  is  made  to  pay  the  assessment  in  installments  is  not 
established  or  changed,  as  aforesaid,  then  and  in  that  case  the  ap- 
plication for  the  payment  of  the  assessment  by  installment  shall  be 
null  and  void  and  of  no  force  and  effect,  and  the  entry  made  in  the 


STREETS  AND  THEIR  IMPROVEMENT  109 

docket  as  in  this  Section  provided,  shall  be  by  the  Auditor  marked 
in  such  docket  as  cancelled. 

[Am.  Nov.   2,   1912,  §361c.] 

Sec.  259 — Issue  and  Sale  of  Street  Extension  Bonds: 

When  such  bond  lien  docket  shall  be  made  up,  as  hereinbefore 
provided  as  to  the  assessments  for  such  establishment  or  change  of 
streets,  and  a  copy  of  such  bond  lien  docket  furnished  to  the  T'reas- 
urer,  the  Council  shall  by  ordinance  authorize  the  issue  of  its  bonds 
in  convenient  denominations,  not  exceeding  one  thousand  dollars 
each,  and  in  all  equal  to  the  total  amount  of  unpaid  assessments 
for  such  establishment  and  change  of  streets  and  for  which  applica- 
tion to  pay  under  the  provisions  of  Section  256  has  been  filed,  as 
shown  by  said  bond-lien  docket ;  and  such  bonds  shall,  by  the  terms 
thereof,  mature  in  ten  years  from  the  date  thereof,  and  be  payable 
in  gold  coin  of  the  United  States,  and  bear  interest  not  to  exceed 
six  per  cent  per  annum,  payable  semi-annually,  to  be  evidenced  by 
coupons  attached  to  said  bonds.  The  City  shall  have  the  right  to 
take  up  and  cancel  such  bond  or  bonds,  upon  the  payment  of  the 
face  value  thereof,  with  accrued  interest  to  the  date  of  payment, 
at  any  semi-annual  coupon  period,  at  or  after  one  year  from  the  date 
of  such  bond  or  bonds.  Notice,  stating  that  certain  bonds  are  to 
be  taken  up  and  cancelled  as  aforesaid,  and  that  the  interest  thereon 
shall  cease  at  the  interest  paying  period  next  following,  shall  be 
published  in  the  special  notice  newspaper  not  less  than  twice  during 
the  month  preceding  said  semi-annual  period;  and  after  said  semi- 
annual period  interest  upon  the  bonds  designated  in  such  notice 
shall  cease.  Such  bonds,  before  issuance,  shall  be  signed  by  the 
Mayor,  or  President  of  the  Council,  counter-signed  by  the  Auditor, 
and  authenticated  by  the  seal  of  the  City  of  Portland  attached 
thereto,  and  shall  be  registered,  consecutively,  by  number  and  de- 
nomination of  each,  in  a  book  to  be  kept  by  the  Auditor,  to  be 
known  and  designated  as  "Bond  Register  for  Street  Extension." 
Each  of  such  bonds,  whether  issued  for  the  opening,  laying  out 
and  establishment  of  streets,  or  for  the  changing  of  existing  streets, 
by  widening,  altering  or  extending  the  same,  shall  have  distinctly 
and  plainly  inscribed  or  printed  on  the  face  thereof  the  registered 
number  of  said  bond  and  the  words  "Street  Extension  Bonds.'^  Such 
bonds  shall  be  advertised  for  sale  and  sold  for  the  highest  price 
obtainable,  but  for  not  less  than  the  par  value  and  accrued  interest ; 
and  the  proceeds  thereof  shall  be  paid  by  the  purchaser  to  the  Treas- 
urer and  the  par  value  thereof  credited  to  the  street  extension  funds 
for  which  said  bonds  are  issued;  and  the  accrued  interest  and  pre- 
mium accruing  from  the  sale  of  said  bonds  shall  be  credited  to  the 
General  Fund,  the  fund  from  which  interest  is  paid  on  said  street 
extension  warrants,  or  to  the  improvement  bond  sinking  fund,  as 
the  Council  shall  direct. 

[Am.  Nov.  2,  1912,  §361d.] 


110  PORTLAND  CITY  CHARTER 

Sec.  260 — Payment  of  Assessments  : 

Thereafter  there  shall  be  due  and  payable  semi-annually  for 
ten  successive  years  to  the  Treasurer  by  the  owner  of  each  lot  or 
parcel  of  land  assessed  for  such  establishment  or  change  of  streets, 
whose  application  to  pay  the  costs  thereof  by  installments  has  been 
filed  as  provided  in  Section  256  of  this  Charter,  five  per  cent  of 
the  amount  of  such  assessment  assessed  against  the  property  of  such 
owner,  as  appears  by  the  bond-lien  docket  described  in  Section  258 
of  this  Charter,  with  the  amount  of  one-half  year's  interest,  but 
not  to  exceed  six  per  cent  per  annum  on  unpaid  assessments  or 
installments.  The  first  payment  aforesaid  shall  be  due  and  pay- 
able at  the  expiration  of  six  months  from  the  date  of  such  assess- 
ment in  the  bond  lien  docket  and  subsequent  payments  at  the  ex- 
piration of  each  six  months  thereafter.  Should  such  owner  or 
owners  neglect  or  refuse  to  pay  the  sum  or  sums  aforesaid  as  the 
same  shall  become  due  and  payable  for  a  period  of  twenty  days, 
then  the  same  shall  be  collected  in  the  same  manner  and  with  the 
same  penalties  as  delinquent  street  or  sewer  assessments  are  col- 
lected. It  shall  be  the  duty  of  the  Auditor  and  Treasurer,  when 
the  installments  and  interest  on  any  assessment  in  the  bond-lien 
docket  are  due,  to  make  the  proper  extensions  of  such  installments 
and  interest  on  said  bond-lien  docket,  and  it  shall  be  the  duty  of 
the  Treasurer  to  notify  the  owner  or  owners  of  property  that  the 
installments  aforesaid  are  due  and  payable;  but  a  failure  of  such 
owner  or  owners  to  receive  such  notice  shall  not  be  taken  or  held 
to  prevent  the  collection  of  the  same  as  herein  provided.  The 
Treasurer  shall  issue  a  receipt  to  the  person  or  persons  paying  said 
installments  and  interest,  and  shall  file  duplicates  of  said  receipts 
with  the  Auditor.  The  Auditor  and  Treasurer  shall  make  the 
proper  entries  on  said  bond-lien  docket,  showing  the  amount  of 
each  payment,  and  the  date  thereof;  provided,  however,  that  at 
any  time  after  issuance  of  such  bonds  any  owner  at  the  time  being 
of  any  such  lot  or  parcel  of  land  or  other  property  against  which 
such  assessment  is  made  and  lien  docketed  may  pay  into  the  city 
treasur}'  the  whole  amount  of  the  assessment  for  which  such  lien 
is  docketed,  together  with  the  full  amount  of  interest  and  costs 
accrued  thereon  to  such  date  of  payment  and  upon  producing  to 
the  Auditor  the  receipt  of  such  Treasurer  (in  which  receipt  shall 
be  stated  not  only  the  amount  of  such  payment,  but  also  a  descrip- 
tion of  the  lot  or  parcel  of  land  or  other  property  upon  which  such 
payment  is  made),  the  Auditor  shall  enter  in  such  lien  docket 
opposite  the  entry  of  the  lien  therein,  the  fact  of  such  payment  and 
the  date  thereof,  and  such  payment  made  and  entered  in  such  bond 
lien  docket  shall  be  and  operate  as  a  discharge  of  such  lien  to  the 
amount  of  such  payment  and  from  the  date  thereof. 

[Am.  Nov.  2,  1912,  §361e.] 


STREETS  AND  THEIR  IMPROVEMENT  111 

Sec.  261 — Disposition  of  Funds  : 

The  Treasurer  receiving  any  funds  accruing  by  virtue  of  this 
Article  (Sections  256  to  264,  both  inclusive),  shall  keep  such  funds 
and  the  amount  thereof  separate  and  apart  from  other  funds.  The 
amount  of  such  funds  paid  on  account  of  installments  and  interest 
on  unpaid  installments  shall  be  placed  to  the  credit  of  funds  to  be 
known  and  designated  as  "Street  Extension  Bond  Sinking  Fund" 
and  "Street  Extension  Bond  Interest  Fund''  respectively.  The 
amount  placed  to  the  credit  of  the  "Street  Extension  Bond 
Sinking  Fund"  shall  from  time  to  time,  under  the  direction  of 
the  Council,  or  other  competent  authority,  be  deposited  in  a  bank, 
subject  to  the  provisions  of  Section  293*  of  this  Charter,  or  be 
invested  in  or  used  for  the  purchase  of  bonds  of  the  City.  In  the 
purchase  of  bonds  the  premium  and  accrued  interest  thereon  shall 
be  paid  out  of  the  extension  bond  interests  fund,  and  all  interest 
received  by  the  Treasurer  on  account  of  coupons  due  shall  be  placed 
to  the  credit  of  the  street  extension  bond  interest  fund.  Interest 
due  on  street  extension  bonds  shall  be  paid  out  of  the  street  exten- 
sion bond  interest  fund.  All  bonds  purchased  by  the  City  shall  be 
held  by  the  Treasurer  as  a  sinking  fund,  and  shall  be  disposed  of 
by  direction  of  the  Council,  when  required  for  the  redemption  of 
bonds  previously  issued  as  they  shall  become  due  and  payable. 

[Am.   Nov.   2,   1912,  §361f.] 
♦Retained  as  Ordinance. 

Sec.  262 — Entries  op  Payments — Discharge  of  Lien  : 

Entries  of  payments  of  installments,  interest  and  costs,  made 
under  the  provisions  of  this  act,  shall  be  made  in  the  bond-lien 
docket  aforesaid  as  the  same  shall  be  received,  with  the  date  thereof, 
and  such  payments  made  and  entered  in  said  bond-hen  docket  shall 
be  and  operate  as  a  discharge  of  such  lien,  to  the  amount  of  such 
payments,  and  from  the  date  thereof. 

[Am.  Nov.   2,   1912,  §361g.] 

Sec.  263 — Limitation  of  Indebtedness  Not  Applicable  : 

No  obligation  incurred  by  the  City  by  virtue  of  Sections  256 
to  262,  inclusive,  of  this  Charter  shall  be  deemed  or  taken  to  be 
within  or  any  part  of  the  limitation  by  law  as  to  indebtedness. 

[Am.  Nov.   2,   1912,  §361h.] 

Sec.  264 — Methods  of  Bond  Redemption: 

At  any  time  after  the  bonds  which  may  be  issued  under  Sec- 
tion 259  shall  become  payable,  the  City  may  redeem  such  bonds, 
and  to  that  end  shall  redeem  the  same  consecutively  by  number  of 
such  bonds,  commencing  with  number  one  of  such  bonds,  and  shall 
give  notice  of  the  readiness  to  redeem  by  publication  in  the  special 
notice  newspaper  once  each  week  for  two  consecutive  weeks,  giving 
therein  the  number  of  the  bonds  which  shall  be  redeemed,  and  the 
time  at  which  such  rdemption  will  be  made,  and  after  such  time 


112  POKTLAXD  CITY  CHARTEE 

so  fixed  for  redemption,  no  interest  shall  accrue  or  become  payable 
on  such  bonds  so  notified  for  redemption. 

[Am.  Nov.  2,  1912,  §361i.] 

Sec.  265 — Eatleoad  Grade  Crossings  : 

The  Council  shall  have  the  right,  power  and  authority  to  deter- 
mine whether  any  railroad  crossing  of  any  street  or  highway  within 
the  corporate  limits  of  the  City  of  Portland  is  dangerous,  and  to 
provide  for  the  elimination  of  any  grade  crossing  of  any  railroad  on 
such  street  or  highway  whenever,  in  the  opinion  of  the  Council, 
it  is  necessary  to  eliminate  the  same. 

[Am.  June  2,  1913,  Subdiv.  a,  §3721/2,.] 

Sec.  266 — Elimination  of  Eailroad  Grade  Crossings  : 

Whenever  the  Council  shall  deem  that  any  crossing  of  a  rail- 
road and  street  or  public  highway  is  dangerous  to  public  safety  the 
Council  may  by  ordinance  require  the  City  Engineer  to  prepare 
plans  and  specifications  for,  and  estimates  of,  the  cost  of  making 
such  change  as  will  eliminate  such  grade  crossing. 

[Am.  June  2,  1913,  Subdiv.  b,  §372i^.] 

Sec.  267 — Conference  With  Eailroad  Engineer  as  to  Plan  : 

The  City  Engineer,  upon  being  required  to  prepare  such  plans, 
specifications  and  estimates,  shall  confer  with  the  civil  engineer  of 
the  railroad  company  representing  such  railroad  in  said  city  for 
the  purpose  of  determining  upon  a  reasonable  plan  and  method  for 
eliminating  such  grade  crossing,  and  in  the  event  that  said  City 
Engineer  is  unable  to  agree  with  the  Engineer  of  such  railroad 
company  as  to  said  matter,  the  City  Engineer  shall  thereupon  pro- 
ceed to  determine  upon  a  proper  and  reasonable  plan  and  method 
of  eliminating  said  grade  crossing:  Provided,  however,  that  in  the 
event  two  or  more  railroads,  or  one  or  more  interurban  or  urban 
car  line  or  lines  are  affected  by  such  proposed  change  of  grade  the 
City  Engineer  shall  confer  with  the  civil  engineer  of  each  of  such 
companies  for  the  purpose  of  determining  upon  a  reasonable  plan 
or  method  of  eliminating  such  grade  crossing:  Provided,  further, 
that  in  the  event  the  City  Engineer  shall  be  unable  to  agree  with 
such  engineers  he  shall  proceed  to  determine  on  a  reasonable  plan 
for  the  elimination  of  such  grade  crossing:  and,  provided,  further, 
that  in  the  event  such  civil  engineers,  or  any  of  them,  shall  neglect 
to  confer  with  the  City  Engineer  after  ten  days'  notice  in  writing, 
the  City  E.ngineer  shall  proceed  with  the  preparation  of  such  plans, 
specifications  and  estimates  without  such  conference. 

[Am.  June  2,  1913,  Subdiv.  c,  §372 i^J 

Sec.  268 — Filing  of  Plans^ — Objections  : 

When  a  plan  is  determined  upon  as  herein  provided  the  City 
Engineer  shall  file  with  the  Auditor  at  his  earliest  convenience, 
and  within  such  time  as  may  be  fixed  by  the  Council  by  ordinance, 
the  report  on  such  matter,  with  the  necessary  plans,  specifications 
and  estimates  of  the  cost  thereof,  and  upon  the  filing  thereof  the 


STREETS  AND  THEIR  IMPROVEMENT  113 

Auditor  shall  immediately  notify  in  writing  the  railroad,  inter- 
urban  or  street  railway  companies  interested  of  such  filing,  and 
each  of  such  companies  shall  have  thirty  days  from  the  date  of  the 
receipt  of  such  notice  within  which  to  file  with  the  Auditor  objec- 
tions thereto,  or  to  propose  modifications  thereof,  or  to  file  other 
or  different  plans  and  specifications,  together  with  the  estimates 
of  the  cost  thereof :  Provided,  however,  that  the  City  •  Engineer 
shall  not  neglect  the  filing  of  plans,  specifications  ^nd  estimates 
therefor  because  of  the  inability  of  the  engineers  of  such  companies 
to  agree,  or  their  failure  or  neglect  to  confer  with  him  in  regard  to 
the  same  or  their  neglect  to  attend  such  conference  as  the  City 
Eingineer  may  call. 

[Am.   June  2,   1913,    Subdiv.  d,  §3721/2.] 

Sec.  269 — Consideeation  of  Plans — Damages  and  Benefits  : 

The  Council,  at  any  regular  meeting  held  within  three  months 
after  the  expiration  of  said  thirty-day  period  mentioned  in  Section 
268  hereof,  shall  consider  the  report,  plans,  specifications  and  esti- 
mates filed,  and  may  refer  the  same  to  a  committee  thereof,  in 
which  event  the  Auditor  shall  give  five  days^  notice  in  writing  to 
the  company  or  companies  interested  when  such  committee  will 
consider  said  matter,  which  notice  must  be  mailed  to  such  company 
or  companies,  and  at  the  time  specified  said  company  or  companies 
may  attend  and  b©  heard  thereon,  and  thereafter  such  committee 
shall  make  its  report  containing  its  findings  and  recommendations 
to  the  Council,  and  thereafter  the  Council  shall  select  from  said 
plans  so  submitted  the  plan  and  method  for  eliminating  said  grade 
crossings  and  adopt  specifications  therefor,  or  dismiss  said  pro- 
ceedings. Upon  the  determination  by  the  Council  of  the  manner 
of  eliminating  such  grade  crossing  if  it  appear  that  a  change  of 
grade  be  required  upon  any  portion  of  such  street  or  road,  it  shall 
determine  whether  such  grade  shall  be  changed  with  or  without 
considering  damages  to  adjacent  property.  If  it  determine  to  con- 
sider damages  to  adjacent  property  it  shall  require  the  City  En- 
gineer to  determine  and  report  to  the  Council  the  amount  of  dam- 
ages which  such  property  may  sustain  by  reason  of  the  change  of 
such  grade.  The  basis  for  the  determination  of  such  damages  shall 
be  the  depreciation,  if  any,  in  the  market  value  of  such  property 
on  account  of  such  change  of  grade,  and  in  reckoning  such  deprecia- 
tion of  the  market  value  the  City  Engineer  shall  take  into  account 
the  benefits,  if  any,  and  the  effect  which  such  proposed  improve- 
ment will  have  upon  the  market  value  of  such  property,  and  also 
the  probable  amount  of  the  assessment  which  may  be  placed  against 
such  property  on  account  of  the  making  of  such  improvement. 
The  City  Engineer  shall,  at  his  earliest  convenience,  file  with  the 
Auditor  a  report  in  writing  setting  forth  the  amount  of  damages 
which  the  owners  of  the  lots,  blocks  and  parcels  of  land  affected  by 
such  change  of  grade  will,  in  his  opinion,  sustain  thereby. 

[Am.  June  2,  1913,  S'ubdiv.  e,  §372 VaJ 


114  POETLAND  CITY  CHARTEE 

Sec.  270^ — Apportionment  of  Damages  and  Benefits — General 
Provisions  : 
.  Upon  the  filing  of  such  report  the  Auditor  shall  forthwith 
publish  in  the  city  official  newspaper  a  notice  that  such  report  has 
been  filed  and  shall  state  the  amount  of  damages  sustained  by  each 
property  owner,  specifying  the  property  for  which  such  damage  is 
allowed.  Such  notice  shall  be  published  for  four  consecutive  inser- 
tions in  the  city  official  newspaper.  Said  notice  shall  also  state  the 
date  when  said  report  of  the  City  Engineer  will  be  heard  by  the 
Council,  which  date  shall  be  not  less  than  five  days  from  the  date  of 
last  publication  of  such  notice;,  and  shall  further  state  that  objec- 
tions thereto  may  be  made  in  writing  and  filed  with  the  Auditor  at 
any  time  prior  to  the  day  of  such  hearing.  At  the  time  fixed  for 
such  hearing  the  Council  shall  hear  and  consider  said  report  and 
all  objections  and  remonstrances  thereto,  or  may  refer  the  same  to 
any  committee  which  shall  further  consider  the  same,  hear  all 
evidence  offered  and  report  thereon  to  the  Council,  and  at  any  time 
thereafter  the  Council  shall  determine  the  amount  of  damages  to 
be  awarded  to  any  or  all  persons  on  account  of  such  change  of 
grade.  An  appeal  may  be  taken  fromi  the  act  of  the  Council  to 
the  Circuit  Court  of  the  State  of  Oregon  for  the  County  of  Mult- 
nomah, but  such  appeal  shall  be  prosecuted  within  twenty  days 
after  the  determination  of  the  damages,  if  any,  by  the  Council. 
Such  appeal  shall  be  taken  by  serving  notice  of  appeal  upon  the 
City  Attorney  and  filing  the  same  with  proof  of  service,  together 
with  an  undertaking  with  one  or  more  sureties  who  shall  have  the 
qualifications  of  sureties  on  appeal  from  the  Circuit  Court  to 
the  Supreme  Court,  and  if  excepted  to  shall  justify  in  like  manner, 
conditioned  that  such  appellant  will  pay  all  costs  and  disbursements 
that  may  be  awarded  against  him  on  appeal.  The  City  of  Port- 
land shall  be  considered  the  plaintiff  and  such  appeal  shall  be  con- 
ducted and  be  heard  and  determined,  as  far  as  practicable,  in  the 
same  manner  as  an  action  at  law.  The  jury  shall  view  the  prop- 
erty in  question  and  its  verdict  shall  be  a  final  and  conclusive  deter- 
mination of  the  question  of  damages.  The  cost  of  making  such 
change  and  improvement  determined  upon  by  the  Council,  or  by 
the  jury  on  such  appeal,  shall  be  apportioned  as  follows:  Sixty 
per  cent  thereof  shall  be  paid  by  the  railroad  company  owning  or 
controlling  such  railroad  at  such  crossing,  and  twenty  per  cent 
thereof  by  the  City  of  Portland  from  its  Special  Bridge  Fund,  and 
twenty  per  cent  thereof  shall  be  assessed  against  the  property  bene- 
fited thereby  and  comprised  within  a  district  to  be  fixed  or 
determined  upon  by  the  Council  and  in  arriving  at  the  cost 
of  such  change  and  improvement  the  raising  or  lowering 
of  the  track  or  tracks  involved  shall  not  be  included  in  said 
percentage  to  be  paid  by  said  City  and  by  the  property  in  said 
improvement  district  except  as  to  the  extent  embraced  within  the 


STREETS  AND  THEIR  IMPROVEMENT  115 

boundaries  of  such  street  or  highway,  but  all  other  costs  and  ex- 
penses including  the  abutting  property  damaged  shall  be  included, 
and  whenever  said  street  or  highway  is  occupied  or  used  by  another 
railroad,  street  railway,  interurban  or  urban  railway  company  or 
companies,  or  whenever  said  street  crosses  more  than  one  railroad 
and  the  same  are  embraced  and  included  within  the  same  improve- 
ment, then  sixty  per  cent  to  be  paid  by  such  railroad  shall  be  ap- 
portioned among  all  the  railroads,  street  car  and  interurban  rail- 
way companies  affected  by  such  change,  and  in  addition  to  such 
sixty  per  cent  so  to  be  apportioned  among  said  companies,  the  cost 
and  expense  resulting  from  the  raising  or  lowering  of  the  tracks 
of  said  companies,  or  any  of  them,  shall  be  likewise  apportioned 
among  all  of  said  companies,  but  the  proportion  of  said  sixty  per 
cent  and  of  such  additional  cost  of  raising  or  lowering  the  grades 
or  tracks  to  be  borne  by  each  of  said  respective  companies  shall  be 
determined  by  the  Council  unless  said  interested  companies  within 
thirty  days  after  the  final  determination  of  the  Council  ordering 
said  improvements  shall  file  with  the  Auditor  their  mutual  agree- 
ment thereon. 

[Am.  June  2,  1913,  Subdiv.  f,  §3721/2.] 

Sec.  271 — Fund  for  Payment  of  Damages  : 

In  case  of  the  allowance  of  damages  to  adjacent  property,  by 
reason  of  such  change  of  grade  the  City  shall,  upon  final  deter- 
mination of  the  amount  to  be  awarded  to  each  property  owner  as 
soon  as  can  reasonably  be  done,  transfer  from  the  Special  Bridge 
Fund  of  the  City,  or  any  other  available  fund,  to  the  special  assess- 
ment fund  to  be  created  as  hereinafter  provided,  an  amount  suffi- 
cient to  pay  all  such  awards  of  damages,  and  thereupon  warrants 
shall  be  drawn  in  favor  of  the  various  parties  entitled  thereto,  in 
the  respective  amounts  awarded,  which  warrants  shall  be  payable 
upon  demand,  together  with  interest  thereon  from  the  date  thereof 
at  the  rate  of  six  per  cent  per  annum,  and  shall  be  delivered  to 
such  persons  upon  their  application  therefor  as  hereafter  provided ; 
and  from  the  time  that  such  warrants  are  drawn  such  city  shall 
have  power  and  authority  to  proceed  with  the  making  of  such 
changes  and  improvements,  but  none  of  such  warrants  shall  be 
delivered  until  all  such  property  owners,  who  have  been  allowed 
damages,  file  their  written  acceptance  of  such  allowance,  or  the 
time  for  contesting  the  same  shall  have  expired  without  any  con- 
test, or  until  any  and  all  contests  shall  have  been  finally  determined. 
The  advancement  herein  provided  for,  together  with  interest  there- 
on at  the  rate  of  six  per  cent  per  annum  from  the  date  thereof,  shall 
be  deemed  a  part  of  the  cos^  of  such  alteration  and  improvement 
and  shall  be  included  in  the  apportionment  hereinbefore  specified, 
and  the  amount  of  such  advancement,  together  with  interest  as 
aforesaid,  shall  be  returned  to  the  fund  from  which  the  same  was 


116  POETLAND  CITY  CHARTER 

advanced,  excepting,  however,  twenty  per  cent  thereof  which  is  to 
be  borne  and  discharged  by  said  City  as  above  provided. 

[Am.  June  2,  1913,  Subdiv.  g,  §372 1^,] 

Sec.  272 — Publication  ;  Remonstrances  ;  Collection  of  Assess- 
ment : 
The  Council  shall,  before  adopting  plans  and  specifications  for 
such  work,  by  resolution  describe  the  property  benefited  thereby  and 
to  be  assessed  for  the  portion  of  the  cost  thereof  above  specified, 
and  notice  of  the  adoption  of  such  resolution  shall  be  given  in  the 
same  manner  as  is  stated  in  Section  376*  of  said  Charter,  and  re- 
monstrances may  be  made  by  property  owners,  but  such  property 
owners  shall  not  have  the  right  by  remonstrance  to  veto  or  defeat 
such  proposed  improvement.  Said  remonstrance  shall  be  filed 
with  the  Auditor  within  the  time  to  be  fixed  by  said  resolution 
and  upon  the  expiration  of  such  time  the  Council  shall  determine 
whether  or  not  to  proceed  with  said  matter.  If  it  determine  to 
proceed  it  shall  by  ordinance  fix  such  assessment  district  and  fix 
the  time  and  manner  of  making  such  change  and  improvement  and 
adopt  plans  and  specifications  therefor  as  provided  by  paragraph  e 
(Section  269)  of  this  Act.  A  contract  or  contracts  for  the 
doing  of  such  work  and  the  furnishing  of  such  material  as  may  be 
necessary  under  the  plans  and  specifications  therefor  adopted  for 
the  purpose  of  making  such  change  and  improvement  shall  there- 
upon be  made,  which  contract  shall  be  awarded,  entered  into  and 
the  work  inspected  and  accepted  and  the  assessment  of  that  portion 
of  the  cost  assessable  against  the  property  within  the  assessment 
district  made  in  the  same  manner  and  with  the  same  effect  as  is  or 
may  be  provided  by  charter  for  street  improvements,  but  such 
contract  shall  not  embrace  the  work  of  raising  or  lowering  the  rail- 
road tracks  beyond  the  marginal  lines  of  the  street  or  highway. 
Assessments  made  as  herein  provided  shall  be  entered  in  the  Docket 
of  City  Liens  in  the  same  manner  as  is  or  may  be  provided  by  the 
Charter  for  the  collection  of  street  assessments  and  the  amount  to 
be  paid  by  said  railroads,  street  railways  and  urban  companies  shall 
also  be  entered  in  the  Docket  of  City  Liens  and  shall  constitute  a 
lien  against  any  real  property  of  each  of  such  companies  in  the  City 
of  Portland  including  its  rights  of  way,  depots,  freight  yards  and 
stations  and  if  any  such  company  or  companies  fail  to  pay  or  bond 
the  same  within  the  time  provided  for  paying  or  bonding  assess- 
ments for  street  improvements,  the  City  may  proceed  by  mandamus 
to  require  the  payment  thereof,  or  may  proceed  to  collect  the  same 
by  a  suit  or  action  or  in  the  same  manner  as  other  assessments  are 
or  may  be  collected  as  provided  by  the  Charter  in  the  matter  of  the 
collection  of  delinquent  street  assessments  or  by  any  and  all  of  such 
methods. 

[Am.  June  2,  1913,  Subdiv.  h,  §372 1^.] 
*  Retained  as  Ordinance. 


STREETS  AND  THEIR  IMPROVEMENT  117 

Sec.  273 — Bonding  Assessments  : 

Any  and  all  persons  whose  property  may  have  been  assessed 
for  such  improvement,  including  such  company  or  companies,  shall 
have  the  right  to  bond  such  assessments  in  the  same  manner  as  is 
or  may  be  provided  by  the  Charter  for  bonding  assessments.  No 
formal  proceedings  shall  be  required  or  had  relative  to  changing 
the  grade  of  such  road  or  street  further  than  herein  specified,  and 
upon  the  completion  of  such  improvement,  the  grade  of  such  road 
or  street  shall  be  duly  altered  and  changed  in  accordance  with  the 
grade  established  by  the  provisions  of  this  act,  and  the  City  En- 
gineer shall  make  suitable  record  thereof. 

[Am.  June  2,  1913,  Subdiv.  i,  §372 1^.] 

Sec.  274 — Railway  Companies  Not  Relieved  from  Duty  to 
Pave  : 
Nothing  in  this  act  shall  impair  the  right  of  the  City  of  Port- 
land to  require  any  street  car  company  or  companies  or  railroad 
company  or  companies,  having  a  franchise  on  any  such  street  or 
road  to  pay  for  the  cost  of  paving  and  improving  such  portion  of 
such  street  or  road  as  may  be  provided  by  the  franchise  of  such 
company  or  otherwise. 

[Am.  June  2,  1913,  Subdiv.  j,  §3721/2.] 

Sec.  275 — Remedy  Under  Art.  Ill,  Chap.  4,  Charter — Not 
Affected : 
The  remedy  provided  by  Sections  365  to  372,  inclusive,  of 
Article  III,  Chapter  VI  of  the  Charter*,  providing. for  the  estab- 
lishment and  change  of  grades  shall  in  no  manner  be  affected  by 
this  act,  but  the  provisions  of  this  act  shall  be  construed  as  an 
additional  remedy  thereto  and  shall  apply  only  to  the  elimination  of 
railroad  grade  crossings  on  public  streets  and  highways.^' 

[Am.  June  2,  1913,  Subdiv.  k,  §372 1/2 i] 
♦Retained  as  Ordinances. 

Sec.  276 — County  Roads  As  City  Streets;  Relinquishment  to 
County : 

All  county  roads  lying  within  the  limits  of  the  City  of  Portland, 
which  have  not  been  laid  out  or  accepted  as  streets  by  the  authority 
of  said  City,  shall  remain  and  be  county  roads  until  they  shall  be 
laid  out  or  accepted  by  said  authorities  as  streets,  and  be  under 
the  jurisdiction  of  the  County  Court  of  Multnomah  County,  Ore- 
gon, and  shall  be  worked,  maintained-  and  improved  as  county  roads 
outside  the  limits  of  said  City  are  worked,  maintained  and  im- 
proved. 

The  Council  may  by  resolution,  upon  order  of  the  County 
Court  signifying  its  willingness  to  accept  the  same,  relinquish  for 
the  purpose  of  working  or  improving  the  same,  to  the  county,  con- 
trol of  all  that  part  between  the  curb  lines  of  any  street  connecting 
with  the  county  road.  Thereupon  such  street  shall,  to  that  extent, 
be  under  the  control  of  the  County  Court  and  shall  be  worked  and 


118  PORTLAN^D  CITY  CHAETER 

improved  in  like  manner  as  county  roads  until  such  time  as  the 
County  Court  relinquishes  jurisdiction  of  the  street. 

[Ch.  1903,  §422.] 

Sec.  277 — ^C^arter  to  Govern  Pending  Proceedings  : 

Nothing  in  this  Charter  shall  affect  in  any  way  the 
validity  of  any  proceedings  pending  at  the  time  that  it  shall 
take  effect  for  the  opening,  widening,  laying  out  or  establishing 
of  any  street,  or  for  the  change  or  establishing  of  any  grade  there- 
on, or  making  any  kind  of  street  improvement,  or  for  the  con- 
struction of  any  drain  or  sewer,  and  the  levy  and  collection  of 
assessments  therefor,  but  such  proceedings  that  shall  have  been 
taken  shall  be  deemed  to  be  regularly  and  legally  taken  and  all  such 
proceedings  thereafter,  of  whatever  nature,  shall  be  proceeded  with 
and  enforced  in  accordance  with  and  by  virtue  of  the  provisions 
of  this  Charter. 

[Ch.   1903,   §423.] 

Sec.  278 — State  Bonding  Act  to  Apply  : 

The  act  of  the  Legislative  Assembly  of  the  State  of  Oregon 
entitled  "An  Act  to  provide  for  the  issuance  of  bonds  for  the  im- 
provement of  streets  and  laying  of  sewers  in  incorporated  cities 
and  for  the  payment  of  the  costs  of  such  improvements,  and  the 
laying  of  sewers  by  installments,'^  filed  in  the  office  of  the  Secre- 
tary of  State  February  22,  1893,  and  its  amendments,  is  not  in 
any  way  or  degree  affected  hereby,  and  said  act  and  its  amendments 
shall  apply  and  be  in  force  in  the  City  of  Portland  hereby  incorpo- 
rated. 

[Ch.  1903,  §425.] 

Sec.  279 — Distribution  of  Assessments  Bonded  : 

In  case  a  tract  or  parcel  of  land  is  bonded  for  any  public  im- 
provement, the  Council  is  authorized  upon  a  written  application 
when  such  tract  is  afterwards  subdivided  to  apportion  the  lien  of 
indebtedness  standing  against  the  whole  tract,  upon  the  different 
lots,  and  is  authorized  to  release  a  lot  or  lots,  upon  the  payment  or 
rebonding,  from,  all  liens  except  the  amount  thus  apportioned 
against  such  lot  or  lots. 

[Am.  May  3,  1913,  §108.] 

CHAPTER  XII. 

MISCELLAJSTEOUS. 

Sec.  280 — General  Park  Act  Not  to  Apply  : 

The  act  of  the  Legislative  Assembly  of  the  State  of  Oregon 
entitled  "An  Act  to  Provide  for  Park  Commissioners  and  the 
acquisition  of  land  for  parks  and  the  management  thereof,  approved 
February  17,  1899,''  shall  not  nor  shall  any  of  its  provisions  apply 
to  the  City  of  Portland  incorporated  under  this  act. 

[Ch.   1903,  §424.] 


STEEETS  AND  THEIR  IMPROVEMENT  119 

Sec.  281 — No  Liabilio^y  for  Defective  Condition  of  Sidewalks, 
Etc. 

No  recourse  shall  be  had  against  the  city  for  damage  or  loss 
to  person  or  property  suffered  or  sustained  by  reason  of  the  defective 
condition  of  any  sidewalk,  street,  avenue,  lane,  alley,  court  or  place, 
or  by  reason  of  the  defective  condition  of  any  sewer,  or  by  reason  of 
any  defective  drainage,  whether  any  of  said  defects  originally  exist- 
ed, or  whether  they  were  occasioned  by  construction,  excavation  or 
embankment;  nor  shall  there  be  any  recourse  against  the  city  for 
want  of  repair  of  any  sidewalk,  street,  avenue,  lane,  alley,  court  or 
place,  or  by  want  of  repair  of  any  sewer;  nor  shall  there  be  any 
recourse  against  the  city  for  damage  to  person  or  property  suffered 
or  sustained  by  reason  of  accident  on  sidewalk,  street,  avenue,  lane, 
alley,  court  or  place,  or  by  falling  from  any  embankment  thereon 
or  into  any  excavation  therein;  but  in  such  case  the  person  or  per- 
sons on  whom  the  law  may  have  imposed  the  obligation  to  repair 
such  defect  in  the  sidewalk,  street  or  public  highway,  or  in  the 
sewer,  and  also  the  officer  or  officers  through  whose  official  negli- 
gence such  defect  remains  unrepaired  shall  be  jointly  and  severally 
liable  to  the  party  injured  for  the  damage  sustained. 

[Ch.   1903,   §8.] 

Sec.  282 — Claims  for  Damages  : 

Every  claim  for  damages  against  the  City  must  be  presented 
to  the  Council  and  filed  with  the  Auditor  within  six  months  from 
the  taking  effect  of  this  Charter  or  within  six  months  after  the  time 
when  such  claim  for  damages  accrues ;  otherwise'  there  shall  be  no 
recovery  on  any  such  claim.  No  ordinance  shall  be  passed  allow- 
ing any  such  claim,  or  any  part  thereof,  or  appropriating  money  or 
other  property  to  pay  or  satisfy  the  same,  or  any  part  thereof,  until 
such  claim  has  been  referred  to  the  proper  department,  nor  until 
such  department  has  made  its  report  to  the  Council  thereon  pur- 
suant to  such  reference,  unless  judgment  has  been  rendered  on  such 
claim.  No  action  shall  be  maintained  against  the  City  for  any 
claim  for  damages  until  the  same  has  been  presented  to  the  Council 
and  filed  with  the  Auditor  as  above  set  out  and  sixty  days  have 
elapsed  after  such  presentation. 

[Ch.  19.03,  §9.] 

Sec.  283 — Retaining  Charter  Provisions  as  Ordinances  : 

That  so  much  of  Sections  167  to  268  and  287  to  305,  both  in- 
clusive, and  of  Sections  328  to  345,  both  inclusive  (Charter  of 
1903),  as  is  not  inconsistent  with  the  provisions  of  this  Charter 
shall  remain  in  effect  as  ordinances  only  subject  to  repeal  or  amend- 
ment by  the  Council  in  like  manner  and  with  like  effect  as  other 
ordinances  passed  by  the  Council. 

[Am.  May  3,  1913,  §96.] 


120  PORTLAND  CITY  CHAETEE 

Sec.  284 — Local  Improveme^s^t  Code  : 

That  so  much  of  Sections  346  and  347,  348,  349  and  350  as 
heretofore  amended,  and  of  Sections  362  to  421,  both  inclusive,  of 
the  Charter  of  1903,  as  is  not  inconsistent  with  the  provisions  of  this 
Charter  shall  remain  in  full  force  and  effect  as  ordinances  only  sub- 
ject to  repeal  and  amendment  and  to  the  enactment  of  new  legisla- 
tion by  the  Council  in  the  manner  and  subject  to  the  restrictions  in 
this  Section  provided  upon  the  subject  of  improvements  of  whatever 
nature  to  be  paid  for  by  local  assessment.  Such  Sections  shall  be 
known  as  the  Local  Improvement  Code.  No  repeal  of  any  portion 
thereof,  amendment  thereto  nor  new  legislation  upon  the  subject 
shall  be  made  by  the  Council  except  by  ordinance  which  shall  be 
published  in  full  and  in  its  final  form  in  the  City  Official  News- 
paper at  least  thirty  days  before  its  final  passage.  Notice  shall  be 
given  in  the  City  Official  Newspaper  and  by  publishing  conspicuous 
advertisements  in  one  or  more  daily  papers  published  in  the  City  of 
Portland  having  a  circulation  of  not  less  than  1500  not  less  than 
five  times,  the  last  of  such  notices  to  be  published  not  less  than  ten 
days  before  the  final  adoption  of  any  such  amendment,  repeal  or 
new  legislation.  Upon  the  adoption  of  any  amendment  to  or  the  re- 
peal of  any  part  of  such  Local  Improvement  Code  or  the  adoption  of 
any  new  legislation  upon  the  subject,  the  whole  Local  Improvement 
Code  shall  be  printed  in  pamphlet  form  and  the  Auditor  shall  be 
furnished  with  a  sufficient  number  of  copies  thereof  for  distribution 
to  all  persons  inquiring  for  the  same.  The  Council,  in  the  exercise 
of  its  general  legislative  powers,  may  provide  in  its  discretion  for 
the  performance  of  any  public  work  by  or  on  behalf  of  the  City  and 
for  the  method  of  payment  thereof,  but  said  Local  Improvement 
Code  must  provide  for  the  giving  of  not  less  than  ten  days'  notice 
by  publication,  or  by  mailing  to'  persons  interested,  (a)  of  the  in- 
tention to  make  any  improvement,  and  (h)  of  any  proposed  assess- 
ment against  property  owners  for  the  same,  and  the  right  shall  be 
preserved  to  the  owners  of  sixty  per  centum  in  extent  of  the  prop- 
erty affected  by  any  assessment  for  a  local  improvement  except  for 
street  opening  or  sewers  to  defeat  the  same  by  remonstrance. 

LAm.   May  3,   1913.1 

Sec.  285 — Eepealing  1898  Charter: 

The  act  entitled  "An  Act  to  incorporate  the  City  of  Portland 
and  to  provide  a  Charter  therefor,  and  to  repeal  all  acts  or  parts  of 
acts  in  conflict  therewith/^  filed  in  the  office  of  the  Secretary  of 
State  October  17,  1898,  and  all  acts  and  parts  of  acts  in  conilict 
with  this  Charter  are  hereby  repealed. 

[Ch.  1903,  §426.] 

Sec.  286 — Emergency  Clause  1903  Charter. 

Whereas,  there  are  several  bridges  upon  important  thorough- 
fares and  car  lines  in  the  City  of  Portland,  now  old  and  in  a  dilapi- 
dated and  ruinous  condition,  dangerous  to  life  and  property:  and, 


STREETS  AND  THEIR  IMPROVEMENT  121 

Whereas,  there  is  an  immediate  necessity  for  the  constmction  of 
new  bridges  in  the  place  of  said  old  ones  in  order  to  provide  for  the 
safety  of  the  people  of  said  City ;  and, 

Whereas,  there  are  no  ways  or  means  by  which  under  the 
present  Charter  of  said  City  new  bridges  can  be  constructed  in  place 
of  the  old  ones ;  and. 

Whereas,  the  fort^oing  Act  provides  ways  and  means  available 
at  once  for  the  construction  of  new  bridges ;  and. 

Whereas,  there  is  otherwise  a  necessity  for  the  immediate  adop- 
tion of  the  foregoing  Act  to  insure  the  health,  peace  and  safety  of 
the  people  of  Portland, 

Therefore,  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  approval  by  the  Governor. 

[Ch.    1903,   §427.] 

Sec.  287 — Revision  of  Charter — Codification  of  Ordinances  : 
The  Auditor  of  the  City  of  Portland  is  hereby  authorized  to 
renumber  the  foregoing  Sections,  providing  for  a  commission  form 
of  government,  and  insert  the  same  in  proper  place  in  the  Charter 
of  1903,  and  thereafter  have  the  same  published  in  pamphlet  form. 
Immediately  after  this  Charter  goes  into  effect  the  Council 
shall  revise,  codify  and  arrange  in  appropriate  chapters,  articles  and 
sections,  the  Charter  and  general  ordinances  of  the  City  of  Portland. 

[Am.  May  3,   1913.] 

Sec.  288 — Charter  Effective  July  1,  1913 : 

This  Charter  shall  go  into  effect  on  the  first  day  of  July,  1913, 
except  that  the  provisions  hereof  for  election  shall  be  in  effect  im- 
mediately upon  its  adoption  and  an  election  shall  be  held  pursuant 
to  such  provisions  on  the  first  Monday  in  June,  1913. 

[Am.  May  3,  1913.] 

Sec.  289 — Certain  Nominations  Void: 

All  nominations  made  under  the  Charter  of  1903  shall  become 
void  and  of  no  effect  on  the  adoption  of  this  Charter. 

[Am.  May  3,  1913.] 


INDEX  123 


GENERAL  INDEX 


ABANDONMENT,  of  franchise,  175,  182. 
ACCEPTANCE,  of  franchise,  175. 
ACCOUNTS,  audit  of,  195. 

selection  of  accountant,  195. 

publication  of,  195. 

Auditor  to  keep,  66,  69. 

Mayor  may  investigate,  61. 
ACCOUNTANT,  selection  of,  195. 
ACCOUNTING,  officer.    See  Auditor. 

system  of,  58,  185. 
ACKNOWLEDGEMENT,  Auditor  may  take,  68. 
ACTIONS,  existing  continued,  5. 

may  be  brought  how  and  when,  5. 

for  damages,  how  brought,  282. 
ADMINISTRATIVE  CODE,  Council  to  enact,  58. 
ADMINISTRATIVE  POWERS,  distribution  of,  54. 
ADVERTISING,  bids  of  Dock  Commission,  163,  subd.  f. 

invitation  for  bids,  150. 

Council  may  regulate,  34,  subd.  39,  40. 

official,  Council  to  contract  for,  144. 
property  leased,  34,  subd.  10. 
property  sold  at  auction,  34,  subd.  9. 
reletting  of  contract,  145. 
terms  successive  and  consecutive  defined,  147. 
where  made,  146. 
ALLEYS.     See  Streets. 
ANIMALS,  cruelty  to.  Council  may  prevent,  34,  subd.  57. 

impounding  of,  34,  subd.  43. 

running  at  large,  34,  subd.  43. 
ANNEXATION  OP  TERRITORY,  Auditor  to  furnish  plat,  12. 

balloting  upon,  12. 

Council  to  amend  boundaries,  14. 

Council  to  decide  upon  submission,  11. 

effect  on  county  roads,  13. 

effect  on  property  rights,  13. 

election  for,  12. 

liability  for  public  improvements,  15. 

manner  of  submission,  12. 

Petition  for,  requirements,  11. 

power  of  city,  10. 

when  effective,  13. 
ANNUAL  BUDGET,  estimate  for,  185,  186,  187. 

Council  to  make,  187. 

MayoT  to  prepare,  188. 

Mayor  to  submit,  59. 

publication  of,  187. 
ANNUAL  REPORT,  Auditor,  66. 

Civil  Service  Board,  111. 

Dock  Commission,  163,  subd.  k. 

Mayor,  59. 


124  PORTLAND     CITY     CHARTER 


APPOINTIVE  OFFICERS.     See  Officers. 
APPOINTMENTS,  how  made,  93. 
APPROPRIATION,  expense  of  registration,  134. 

must  be  for  specific  purpose,  193. 

precede  issue  of  warrants,  193. 
ASSESSMENTS,  benefits  for  elimination  of  railroad  grade  crossings,  272. 

bonded,  reapportionment  when  property  divided,  279. 

bonding,  see  Improvement  Code,  284. 

cost  of  improvements,  152. 

elimination  of  railroad  grade  crossings,  bonding  of,  273. 

funds,  how  expended,  193. 

proceedings  pending  not  affected  by  charter  amendments,  277. 

special,  see  Improvement  Code,  284. 

street  extensions,  260. 
AUCTION,  city  property  to  be  sold  at,  34,  subd.  9. 

AUDIT  OF  ACCOUNTS,  Council  to  provide  for,  195. 
Dock  Commission  books,  163,  subd.  m. 
selection  of  accountant,  195. 

AUDITOR,  acknowledgment,  may  take,  68. 
administer  oaths,  68. 
annexation  of  territory,  furnish  plat,  12. 
annual  report,  66. 

annual  report  of  public  utilities,  157. 
audit  all  accounts,  69. 
authority  limited,  71,  72. 
bond  of,  65. 
clerk  of  Council,  77. 
Civil  Service  Board,  act  as  secretary,  99. 
demands,  allowance  of,  73,  74. 

approved  by,  73. 

record  of,  69,  70. 
deputies  and  clerks,  67. 

powers  of,  67. 

salaries  of,  67. 
Dock  Commission,  may  audit  books,  163,  subd.  m. 
drawing  of  warrants,  75, 
duties,  65. 
election  of,  21,  123. 
election  ballots,  preparation  of,  129,  131. 

canvas  of  returns,  138. 

certificate  of,  140. 

file  list  of  candidates,  125. 

notice,  publication  of,  125,  135. 

returns  to,  132,  subd.  a. 

statement  of  returns  filed  with,  139. 
franchises,  record  of,  180. 
inventory,  annual,  66. 
licenses,  issuance  of,  76. 

nomination  petition,  preservation  of,  124,  subd.  h. 
nomination  certificates,  124,  subd.  a-g. 
ordinances,  Dock  Commission,  record  of,  163,  subd.  g. 

attestation  of,  51. 
ownership  books,  kept  by,  79. 
payment  to  negligent  official,  72. 
payment  to  persons  indebted  to  City,  72. 
qualifications,  64. 
records,  certified  copies  of,  78. 


INDEX  125 


AUDITOR,  continued. 

report  on  franchises,  66. 

report  on  permits,  66. 

revenue  from  public  utilities,  160. 

salary,  65. 

term  of,  21,  64. 

time  of  assuming  office,  123. 

vacancy,  how  filled,  64. 

warrants,  register  of,  74. 
AUDITORIUM.     See  Public  Auditorium. 
AVENUES.     See  Streets. 
AYE  AND  NAY  VOTE,  of  Council,  when  taken,  39,  44. 


BACK  TAXES,  annulment,  194. 
BALLOTS.     See  Election. 

BANNERS,  across  streets.  Council  to  regulate,  34,  subd.  41. 
BARBED  WIRE  FENCES,  Council  may  prevent,  34,  subd.  65. 
BAWDY  HOUSES,  Council  may  suppress,  34,  subd.  49. 
BEGGING,  prohibited  on  streets,  34,  subd.  58. 
BELLS,  Council  may  regulate  ringing,  34,  subd.  39. 
BEQUESTS.     See  also  Gifts. 

Council  may  accept,  34,  subd.  5. 
BIDDER,  city  contract,  officers  and  employes  not  to  assist,  95. 
BIDS,  right  of  Council  to  reject,  158. 
BILLBOARDS,  Council  may  regulate,  34,  subd.  40. 
BOARDS,  abolishment  of  existing,  17. 
Council  may  create,  17. 
Council  may  investigate,  32. 
power  of,  exercised  by  Council,  16. 
seal  of,  34,  subd.  16. 
BOILER  INSPECTOR,  office  of,  34,  subd.  28. 
BONDS,  indemnity,  additional  surety,  86. 
Auditor,  65. 

city  to  secure  employes'  wages  under,  34,  subd.  14. 
contractors,  conditions,  sureties,  149. 
laborers,  etc.,  right  of  action  on,  149. 
subordinates  may  be  required  to  furnish,  90. 
Treasurer,  88. 
municipal,  authority  to  issue,  228,  277. 
Broadway  Bridge,  236. 
Council  may  regulate,  34,  subd.  39. 
crematory,  165,  238. 
Docks,  163,  subd.  1. 

disbursement  of  proceeds,  163,  subd.  m. 
sinking  fund,  163,  subd.  1. 
validated,  228. 
exempt  from  taxation,  229. 
fire  boat  and  mains,  237. 
garbage  collection,  228,  252. 
Hawthorne  Avenue  Bridge,  231,  232, 
improvement,  not  included  in  limitation,  228. 
incinerating  plant,  165. 
jail,  249,  250. 
limitation  on  issue,  34,  subd.  24. 


126  PORTLAND     CITY     CHARTER 


BONDS,  continued. 

not  included  in  indebtedness,  160. 
park  and  boulevard,  230. 
Public  Auditorium,  228. 

sale  of  sinking  fund)  245. 
public  utilities,  152. 
purchase  by  sinking  funds,  192. 
refunding,  229. 
sale  to  highest  bidder,  227. 
street  extension^  259. 

redemption  of,  264. 
not  included  in  indebtedness,  263. 
validating  previous  issues,  228. 
water,  228. 
official,  23. 

action  on,  23. 

additional  may  be  required,  86. 

approval  by  Council,  23. 

conditions  of,  87. 

failure  to  file,  29. 

filed  with  Auditor,  23. 

liability  on,  89. 

premium,  how  paid,  23. 

sureties,  23. 

Council  may  require  additional,  23. 
city  officers  not  accepted  as,  87. 
individuals  allowed,  88. 
justification,  87. 
requirements,  88. 
Treasurer,  sureties,  88. 
BONDING  ASSESSMENTS.     See  also  Improvement  Code,  284. 
elimination  of  railroad  grade  crossings,  273. 
street  extensions,  256-264, 

reapportionment  where  property  is  divided,  279. 
BONDING  ACT,  state  applicable  to  city,  278. 
BONDED  INDEBTEDNESS,  city  not  to  increase,  34,  subd.  24. 
limitation,   160. 
refunding,  229. 

street  extension  bonds  not  included,  263. 
BONDED  INDEBTEDNESS  INTEREST  FUND,  tax  levy,  190. 
BOOKS,  Council  may  compel  production,  32. 
BOOKS  AND  RECORDS.     See  Records. 
BOULEVARDS.    See  also  Streets. 

Council  may  designate  street  as,  34,  subd.  67. 
BOUNDARIES,  amendment  of,  14. 

description  of,  9. 
BRIBERY,  penalty  for,  117. 
BRIDGES,  Broadway,  bond,  236. 
charge  for  cars,  184. 
county  to  operate,  184. 
franchises  on,  184. 
Hawthorne  Avenue,  231. 
regulation  of  cars  over,  184. 
right  of  city  inalienable,  7. 


INDEX  327 


BUDGET.    See  also  Annual  Budget. 

annual,  185-187. 

Council  to  act  on,  188. 

Mayor  to  prepare,  188. 

publication  of,  187. 
BUILDINGS,  city  may  lease,  2,  8. 

city  may  sell,  2,  8. 

construction  of,  regulation,  34,  subd,  32. 

extended  into  street,  34,  sul3d.  65. 

inspection  of,  34,  subd.  18. 

public,  city  has  control  of,  2. 
lighting  of,  34,  subd.  13. 

unsafe,  removal  of,  34,  subd.  32,  33. 

within  fire  limits,  regulation  of,  34,  subd.  34. 

CALENDAR,  of  Council,  38. 
CANDIDATES,  list  of.  Auditor  to  file,  125. 

list  of,  ballot  to  contain,  129. 
CELLARS,  regulation  of,  34,  subd.  30. 
CERTIFICATE  OF  ELECTION,  Auditor  to  prepare,  140. 
CERTIFIED  COPIES,  Auditor  to  make,  78. 

fees  for,  78,  92. 
CESSPOOLS,  must  connect  with  sewer,  34,  subd.  29. 
CHARTER,  amendments,  on  ballots,  130. 

of  1903,  how  designated,  1. 

as  amended,  how  designated,  1. 

effective,  when,  288. 

emergency  clause,  286, 

franchises  subject  to,  177. 

provisions  retained  as  ordinances,  283,  284. 

repeal  of  1898,  285. 

revision  of,  287. 

specific  powers  granted  Council  by  1903,  34. 
CHIEF  OF  POLICE.    See  Police  Bureau. 
CHILDREN,  cruelty  to,  34,  subd.  57. 
CHURCHES,  Council  may  regulate,  34,  subd.  31. 
CIGARETTES,  sale  of,  regulation,  34,  subd.  49. 
CITIZENS,  preference  given  in  employment,  122. 
CITY  ATTORNEY,  act  for  Dock  Commission,  163,  subd.  c. 

advise  Board  of  Trustees  Firemen's  Pension  Fund,  223. 

appointive,  80. 

deputies  of,  81. 

not  subject  to  Civil  Service,  97. 
number  and  salaries,  81. 

qualifications,  81. 

subject  to  direction  of  Mayor,  60. 
CITY  BOUNDARIES.    See  Boundaries,  9,  14. 
CITY  CONTRACTS.    See  Contracts. 
CITY  EMPLOYES.     See  also  Employes. 

Council  may  investigate,  32. 
CITY  ENGINEER,  appointive,  80. 

not  subject  to  Civil  Service,  97. 

pass  upon  franchises,  183. 

plan  elimination  of  railroad  grade  crossings,  267. 

prepare  plans  for  transportation  terminal,  183. 


128  PORTLAND     CITY     CHARTER 


CITY  FUNDS.     See  also  Funds,  191,  192,  193. 

to  be  paid  into  treasury,  94. 
CITY  GOVERNMENT,  departments  of,  54. 
CITY  HALL,  office  hours,  34,  subd.  19. 
CITY  OFFICIAL  NEWSPAPER,  Council  to  select,  144. 
advertising  in,  146. 
reletting  of  contract,  145. 
CITY  TREASURER.     See  also  Treasurer. 

chief  deputy,  not  subject  to  Civil  Service,  97. 
CIVIL  SERVICE,  appointments,  100-104. 

Board  to  be  notified  of,  104. 

how  made,  97. 

persons  serving  six  years,  106. 

restriction  on,  106. 

temporary,  105. 

when  permanent.  104. 
Board,  access  to  public  records,  113. 

appointment,  qualifications,  98. 

annual  report,  111. 

certify  employes  to  Auditor,  113. 

certify  eligible  list,  104. 

continued,  17. 

control  examinations,  102. 

Council  to  provide  office,  112. 

designate  examiners,  102. 

eligible  list,  rules  governing,  103. 

evidence,  compel  production  of,  114. 

expense,  Council  to  pay,  112. 

file  examination  papers,  101. 

furnish  list  of  public  accountants,  195. 

investigation  of  removals,  108,  114. 

keep  roster  of  employes,  113. 

make  and  publish  rules,  101. 

make  classifications,  100. 

may  examine  records,  114. 

reports,  annual,  111. 

secretary,  administer  oaths,  114. 
appointment,  duties,  99. 
Auditor  may  act  as,  salary  of,  99. 
subpoena  witnesses,  114. 
classifications,  106. 

Board  to  make,  100. 
citizens  given  preference,  122. 
Commissioners,  appointment,  qualifications,  98. 

misdemeanor,  what  constitutes,  115. 

compensation,  98. 

vacancies,  how  filled,  98. 
consulting  employes  exempted,  83. 
Dock  employes,  subject  to,  163,  subd.  .j. 
eligible  list,  Board  to  keep,  103. 
employes,  bribery,  117. 

discharge,  investigation,  108,  222. 

discharge,  order  of,  109. 

entitled  to  certification,  113. 

political  contribution,  116,  119. 

present  incumbents,  110. 

probationer,  discharge  of,  104. 


INDEX  129 


CIVIL  SERVICE,  continued. 

Public  Auditorium,  243. 

public,  defined,  117. 

reappointment,  109. 

recommendation,  118. 

reduction  for  political  reasons,  119. 

reduction  in  force,  109. 

religion,  118. 

removal,  investigation,  108. 

roster  of,  113. 

serving  six  years,  104,  106. 

suspension  of,  109. 

transfer  of,  106. 

using  intoxicating  liquors,  106. 
examinations.  Board  to  control,  102. 

fraud  or  misrepresentation,  115. 

notice  of,  how  held,  102. 

papers  on  file,  101. 

promotions,  weight  of  record,  107. 

public,  competitive,  102. 

recommendations,  118. 

who  eligible,  102. 
examiners,  designated  by  Board,  102. 

misdemeanor,  what  constitutes,  115. 

no  compensation,  102. 
firemen,  discharge  of,  222. 
investigations,  114, 

false  swearing,  perjury,  114. 

extent  of,  108. 
probation  period,  104. 
promotions,  100,  101. 

how  made,  97. 

rules  for,  107. 

weight  of  efficiency  record  on  examination,  107. 
provisions,  refusal  to  comply  with,  120. 

violation  of,  a  misdemeanor,  120. 

violations,  Circuit  Court  jurisdiction  of,  121. 

violations  of,  penalty,  121. 
reappointments,  order  of,  109. 
recommendations  relating  to  religion,  118. 
removals,  investigation,  108. 
residents  given  preference,  122. 
roster  of  employes,  113. 
rules,  Board  to  make  and  publish,  101. 

for  promotions,  107. 

governing  eligible  list,  103. 

to  whom  applied,  exceptions,  97. 
secretary,  not  subject  to  Civil  Service,  97. 
suspensions,  109. 
temporary  appointments,  105. 
vacancies,  how  filled,  104,  107. 
CLAIMS.     See  Demands,  69-75,  193. 

damages,  action  on,  282. 
CLEANLINESS,  city  to  provide  for,  34,  subd.  25. 
CLERKS.    See  Employes. 
CLERK  OP  COUNCIL,  77. 
CODIFICATION  OF  ORDINANCES,  287. 


130  PORTLAND     CITY     CHARTER 

COMMERCIAL  RAILROADS.     See  Railroads. 
COMMISSIONS,  abolishment  of  existing,  17. 

Council  may  create,  17. 

powers  of  exercised  by  Council,  16. 
COMMISSIONERS.    See  also  Officers. 

action  on  bond,  23. 

appoint  and  remove  subordinates,  82. 

assignment  to  departments,  55. 

bond,  23. 

contracts,  interest  in  prohibited,  24,  25. 

control  of  department,  56. 

election  of,  21,  123. 

election,  tie  in,  Council  to  determine,  141. 

entire  time  to  city  business,  26. 

estimate  expenses,  186. 

interest  in  public  service  corporations  prohibited,  24. 

may  object  to  ordinances,  52. 

not  subject  to  suspension,  62. 

oath  of,  27. 

other  business  prohibited,  26. 

pay  to  cease  when,  29. 

qualifications,  22. 

salary,  28. 

subject  to  power  reserved  in  people,  20. 

term  of,  21. 

vacancy  in  office,  22,  24,  29,  30. 
COMMON  TRANSPORTATION  TERMINAL,  plans  for,  183. 

relation  to  franchises,  183. 
COMMON  USER,  franchise,  177,  subd.  e. 

railroad  tracks,  169. 
COMPETITIVE  BIDDING,  improvement  and  supplies,  150. 
CONCEALED  WEAPONS,  carrying  of,  34,  subd.  56. 
CONSECUTIVE,  defined,  147. 
CONSULTING  EMPLOYES,  see  employes. 
CONTESTED  ELECTIONS.    See  Elections. 
CONTRACTS,  authorized  by  Council,  148. 

Council  may  provide  for  entering  into,  34,  subd.  4. 

Dock  Commission,  letting  of,  163,  subd.  f. 

elimination  of  railroad  grade  crossings,  272. 

existing  liability  validated,  6. 

in  writing  when,  148. 

legal  proceedings  to  enforce,  5. 

limit  of  duration,  34,  subd.  4. 

lowest  responsible  bidder,  150. 

Mayor  and  Commissioners  not  to  be  interested  in,  24. 

officers  and  employes  not  to  be  interested  in,  25,  91,  95. 

official  advertising,  reletting  of,  144,  145. 

over  $250.00  to  be  in  writing,  148. 

Public  Auditorium,  241. 

street  lighting,  34,  subd.  13. 

violations,  report  of,  63. 
CONTRACTORS,  bond,  laborer's  right  of  action  on,  149. 
sureties  on,   149. 

city  to  secure  wages  of  employes  of,  34,  subd.  14. 
CORPORATE  NAME,  of  city,  2. 
CORPORATE  POWERS,  continuation  of,  2. 


INDEX  131 


COUNCIL,  action  on  budget,  188. 

acts  not  invalidated  by  participation  of  deposed  member,  29. 

appropriate  land  for  sewer  and  water  mains,  34,  subd.  11, 

aye  and  nay  vote,  when  taken,  39. 

calendar  of,  38. 

clerk  of,  77. 

election  of  president,  37. 

emergency  fund,  31;   34,  subd.  22. 

enact  administrative  code,  58. 

enumeration  of  power  not  a  limitation,  36. 

estimate  value  of  franchise,  174. 

exercise  power  of  former  boards,  16. 

files  of,  77. 

general  grant  of  power,  18,  20. 

investigate  public  utilities,  156. 

issue  public  utilities  certificates,  155. 

journal  of,  42,  77. 

judge  of  election  of  members,  141. 

jurisdiction  over  the  Willamette  River,  34,  subd.  75,  78. 

jurisdiction  relating  to  transportation  terminals,  183. 

limit  expenditures,  193. 

may  change  block  designations,  34,  subd.  68. 

may  create  boards  and  commissions,  17. 

may-create  office  of  building  inspector,  34,  subd.  34. 

meetings  of,  37. 

when  held,  public,  42. 
members,  may  punish,  41. 

may  compel  attendance  of,  41. 

personal  liability,  193. 

privilege  in  debate,  40. 
police  power,  34,  subd.  1. 
power,  specific  grant  of,  34. 

of  eminent  domain,  34,  subd.  11. 

of  enacting  franchises,  176. 

subject  to  initiative  and  referendum,  20. 

to  abolish  boards  and  commissions,  17. 

to  purchase  or  condemn  property,  34,  subd.  6. 
prescribe  duties  of  officers  and  employes,  57. 
presiding  officer  of,  37. 
president  of,  to  sign  ordinances,  51. 
quorum  of,  43. 
record  of,  77. 
right  to  reject  bids,  150. 
rules  of  procedure,  41. 
tax  levy,  180,  190,  202. 
tax  levy  for  docks,  163,  subd.  k. 
transaction  of  business,  44. 
transfer  funds,  191,  192. 

vacancies  in  office  of  Mayor  and  Commissioners,  30. 
voting,  manner  of,  44. 
what  constitutes,  20. 

COUNCILMEN.     See  Commissioners. 
COUNTY  ROADS,  effect  of  annexation,  13. 

relinquished  as  streets,  276. 

within  the  city,  276. 
CREMATORY,  bonds,  165,  238. 

management  of,  238. 


132  PORTLAND     CITY     CHARTER 

CRIPPLES,  exhibition  of,  34,  subd.  58. 

CRUELTY  TO  CHILDREN  AND  ANIMALS,  Council  may  prevent,  34, 
subd.  57. 

DAMAGES,  action  to  recover,  282. 

DAY  WORK,  employes  of  city,  122. 

DEBATE,  members  of  Council  privileged  in,  40. 

DEBTS,  Council  to  pay,  34,  subd.  20. 

limit  of,  160,  228. 
DEFALCATION,  city  officer,  suspension  for,  62. 
DEFECTIVE  STREETS  AND  SIDEWALKS,  city  not  liable,  281. 
DELINQUENT  TAXES,  property  purchased  for,  34,  subd.  8. 
DEMANDS,  allowance  of,  73,  74. 

approval,  limited,  71-73. 

how  paid,  75. 

interest  on  fixed  charges,  payment  of,  193. 

no  preference  given,  74. 

record,  Auditor  to  keep,  69,  70. 

persons  indebted  to  city,  72. 
DEPARTMENTS,  of  city,  54. 

account  of,  record,  58. 
assignment  of  Commissioners,  55. 
cost  data,  58. 

Council  may  investigate,  32. 
efficiency  records,  58. 
employes,  bonds,  90. 
expenditures,  comparison  of,  58. 
time  reports,  58. 
DEPOT,  streets  near  not  to  be  vacated,  7. 
DETENTION  HOME,  Council  may  establish,  35. 
DISEASE,  contagious,  city  to  prevent,  34,  subd.  25. 
DOCKS,  charges  for  use  of,  163,  subd.  h. 

Commission  may  build,  163,  subd.  i. 

Department  of,  17,  161. 

jurisdiction  over,  34,  subd.  77,  78. 

right  of  city  inalienable,  7. 

streets  occupied  for  improvement  of,  8. 

vacation  of  streets  for,  163,  subd.  i. 

Dock  Act,  of  1907  repealed,  164. 

no  effect  on  Port  of  Portland,  163,  subd.  e. 
DOCK  BONDS.     See  also  Bonds. 

disbursement,  sinking  fund,  163,  subd.  1,  m. 
DOCK  COMMISSION,  appointment  of,  162. 

audit  of  books,  163,  subd.  m. 

City  Attorney  to  act  for,  163,  subd.  c. 

contracts,  163,  subd.  f. 

control  of  harbor,  163,  subd.  e. 

control  over  streets,  163,  subd.  e. 

control  water  front  property,  163,  subd.  d,  e. 

officers  and  employments,  163,  subd.  j. 

ordinances,  record  of,  163,  subd.  g. 

organization  of,  162. 

pass  upon  franchises,  183. 

permits  for  water  front  structures,  163,  subd.  g. 

plans  of,  163,  subd.  a,  b. 


INDEX  133 


DOCK  COMMISSION,  continued. 

powers  and  duties  of,  163. 

power  over  streets,  163,  subd.  i. 

prepare  plans  for  transportation  terminal,  183. 

property  of,  163,  subd.  c. 

purchase  of  supplies,  163. 

rates,  power  to  fix,  163,  subd.  h. 

regulations,  163,  subd.  g. 

right  of  eminent  domain,  163,  subd.  c. 

serve  without  compensation,  162. 

tax  levy,  163,  subd.  k. 

vacancies,  162. 
DOCKAGE  CHARGES,  Dock  Commission  may  fix,  163,  subd.  h. 
DOGS,  Council  may  regulate  keeping  of,  34,  subd.  44. 

impounding  of,  34,  subd.  44. 


EFFICIENCY  RECORD.     See  also  Record. 

each  department  to  keep,  58. 
ELECTION,  annexation  of  territory,  12. 

ballots,  boxes,  when  opened,  132,  subd  a. 
candidates'  statements  on,  130. 
counting  of,  132,  subd  a. 
defacing  or  tearing,  129. 
errors  on,  129. 
form,  129,  130. 
how  counted,  132,  subd.  d. 
marks  on,  129. 
sample,  131. 

posting  at  polls,  131. 
publication  of,  131. 
space  for  measures  on,  130. 
special,  129. 
wrongly  marking,  129. 
candidates,  list  of,  125. 

majority  vote  elects,  132,  subd.  d,  f. 
1  statement  on  ballot,  130. 

tie  of  vote,  132,  subd.  g. 
■  '  certificate  of,  140. 

primary  evidence,  141. 
Commissioners,  tie,  Council  to  decide,  141. 
contested,  how  determined,  142. 
date  of,  134. 
general  municipal,  123. 
informalities,  126. 
judges  and  clerks,  how  chosen,  136. 

not  subject  to  Civil  Service,  97. 
remonstrances,  objections,  136. 
majority,  meaning  of,  132,  subd.  h. 
majority  vote  elects,  132,  subd.  d,  f. 
nominations,  acceptance,  124,  subd.  e. 

Auditor  to  supply  forms,  124,  subd. 
certificates,  form  of,  124,  subd.  b. 
of  officers,  124. 

petitions,  amendment,  124,  subd.  d. 
certificates  for,  124,  subd.  a. 
filing  of,  124,  subd.  c. 
preservation  of,  124,  subd.  h. 


134  PORTLAND     CITfY     CHARTER 


ELECTION,  continued. 

notice,  publication  of,  125,  135. 

posting  of,  125. 
officers,  123. 

duties  of,  127. 

notice,  125. 
precinct  register,  128. 
preferential  voting,  how  counted,  132,  subd.  b,  f. 

system  of,  129. 
qualification  of  voters,  127. 
registration,  books,  time  kept  open,  128. 

expense  of,  how  paid,  133. 

of  voters,  127,  128. 
returns,  canvass  of,  127,  132,  138,  139,  subd.  a. 
state  laws  applicable,  127,  128. 
tally  sheet,  132,  subd.  c. 
tie  of  vote,  132,  subd.  g. 
time  of  assuming  office,  123. 

validity  not  affected  by  irregularities,  124,  subd.  f. 
votes,  how  counted,  132,  subd.  b,  f. 

majority  elects,  132,  subd.  d,  e,  f. 

meaning  of  majority,  132,  subd.  h. 
voters,  qualifications,  127,  137. 

ELECTIVE  OFFICERS.    See  Officers. 
ELECTORS,  registration,  127,  128. 
EMERGENCY  CLAUSE,  charter  1903,  286. 
EMERGENCY  FUND,  31,  34,  subd.  22. 
EMERGENCY  ORDINANCES.     See  Ordinances. 
EMINENT  DOMAIN,  city  has  right  of,  2,  34,  subd.  11. 

Dock  Commission  has  right  of,  163,  subd.  c. 

public  utilities,  151. 

right  outside  city  limits,  3. 
EMPLOYES.    See  also  Civil  Service. 

aid  Civil  Service  investigations,  114. 

appointment  of,  93 

bonds,  90. 

bribery,  when  guilty,  117. 

city  contracts,  interest  in,  91. 

not  to  aid  in  securing,  95. 

city  property,  lease  or  purchase,  91. 

Civil  Service.     See  Civil  Service. 

consulting,  83. 

Department  of  Public  Docks,  163,  subd.  j. 

disposition  of  city  money,  94. 
i  '    -  duties  of,  57. 

eight-hour  day,  122. 

false  reports,  95. 

firemen,  discharge  of,  222. 

franchise,  interest  in,  91. 

hold  over,  143. 

Mayor  may  investigate,  61. 

political  contributions,  119. 

public,  defined,  117. 

public  service  corporations,  interest  in,  91. 

report  violations  of  contracts,  63. 

salary,  full  compensation,  94. 


INDEX  135 


EMPLOYES,  continued. 

serve  one  or  more  departments,  57. 

time  required  of,  96. 

transfer  of,  58. 
ENACTING  CLAUSE,  of  ordinances,  46. 
ESTIMATE,  for  taxation,  188. 

of  expenses,  186,  188. 
EVIDENCE,  compel  production  of,  32,  199. 
EXCLUSIVE  FRANCHISE,  no  power  to  grant,  171. 
EXECUTION,  Council  may  purchase  property  under,  34,  subd.  7. 
EXECUTIVE  BOARD,  abolished,  17. 

power  of  vested  in  Council,  16. 
EXECUTIVE  POWER,  distribution  of,  54. 
EXISTING  EMPLOYES,  entitled  to  appointment,  104. 
EXISTING  ORDINANCES.     See  Ordinances. 
EXPENDITURES,  Council  may  limit,  193. 

Firemen's  Pension  Board,  198. 

publication  of,  58. 

statement  of,  66. 
EXPENSES,  annual  budget  of,  188. 

Civil  Service  Board,  112. 

estimate  of,  186. 
EXPERTS,  Council  may  appoint,  83. 
EXPLOSIVES,  Council  may  regulate,  34,  subd.  36,  37. 
EXTENSION  OF  STREETS.    See  Streets. 


FALSE  REPORTS,  officers  and  employes,  95. 
FENCES,  barbed  wire  prohibited,  34,  subd.  65. 
FENDERS,  Council  may  require,  34,  subd.  46. 
FERRIES,  county  to  operate,  184. 
FEES,  certified  copies  of  records,  78,  92. 

establishing  grades,  34,  subd.  18. 

officers,  34,  subd.  17. 

surveying,  34,  subd.  18. 
FIGHTING,  Council  may  punish,  34,  subd.  52. 
FILLS,  tax  levy  for,  190. 
FINANCE,  annual  budget,  186. 

Commissioner  of,  185. 

expenditure  of  money,  193. 

Firemen's  Pension  Fund,  198. 

fiscal  year,  189. 

investment  of  sinking  fund,  192. 

liabilities  in  excess  of  revenue  void,  193. 

semi-annual  statement,  58. 

tax  levy,  188,  190. 

transfer  of  funds,  191,  192. 
FINANCIAL  AFFAIRS,  audit  of,  195. 

audit  to  be  published,  195. 

statement  of,  185. 
FINANCIAL  CONDITION,  publication  of,  58. 
FINE,  Council  power  to  levy,  34,  subd.  3. 

for  destruction  of  property,  34,  subd.  47. 

limit  of,  34,  subd.  3,  35. 


136  PORTLAND     CITY     CHARTEE 

FIRE,  Council  may  take  means  to  prevent,  34,  subd.  36,  37. 

Council  to  provide  for  protection  against,  34,  subd.  35. 
FIREARMS,   Council  may  regulate,   34,   subd.   38. 
FIRE  BOAT  BONDS,  237. 

FIRE  ESCAPES,  Council  may  require,  34,  subd.  35. 
FIRE  LIMITS,  Council  may  define,  34,  subd.  34. 
FIRE  MAIN  BONDS,  237. 
FIREMEN,  discbarge  of,  222. 

Pension  Fund,  197. 
FIREWORKS,  Council  may  regulate,  34,  subd.  38. 

FIREMEN'S   RELIEF  AND   PENSION  FUND,  accounts  open  for  in- 
spection, 219. 

act  part  of  charter,  226. 
appeals,  200. 
back  pensions,  218. 
beneficiaries,  who  are,  196,  215. 
board  of  trustees,  198. 

City  Attorney  to  advise,   223. 
organization,  198. 
powers  of,  199,  214. 
report  to  Council,  198. 
rules  and  regulations,  199. 
creation  of,  196. 
discharge  of  firemen,  222. 
division  of  fire  and  police  fund,  220. 
emergency  duty  by  pensioner,  214. 
funeral  expenses,  212. 
how  disbursed,  201. 
investment  of,  199. 
pensions,  applications,  213. 
certificate  of,  216. 
exempt  from  execution,  221. 
forfeiture,  217. 
payable  monthly,  205. 
permanent  disability,  207. 
prorated  when  fund  insufficient,  218. 
retirement,  206. 
'.  '  sickness,  209. 

temporary  disability,  208. 
temporary  firemen,  211. 
widows  and  children,  210. 
percentage  of  salaries  deducted,  204. 
,  '  powers  of  Council,  225. 

repealing  clause,  224. 
SQurce  of,  197. 
tax  levy  for,  202. 
tax  levy,  limitation,  203. 
Treasurer,  201. 
FISCAL  YEAR,  189. 

FOOD,  Council  may  regulate  sale  of,  34,  subd.  73. 
FRANCHISE,  abandonment,  175,  182. 
abandonment  no  release,  182. 
acceptance,  175. 
assignment  of,  178,  179. 
Auditor  to  report  on,  66. 
city  may  acquire,  151. 


INDEX  137 


FRANCHISE,  Continued. 

common  user,  169,  177,  subd.  e. 

compensation,  177,  subd.  d,  e.  . 

conditions  of,  174,  176,  177. 

Council  estimate  value,  174. 

deemed  to  be  property,  166. 

exclusive  prohibited,  171. 

forfeiture  of,  181,  182. 

forfeiture  for  failure  to  comply  with  charter,  158. 

forfeiture,  removal,  restoration,  182. 

granted  by  Council,  159. 

holders  file  statement,  179. 

holders  to  improve  streets,  177,  subd.  f. 

how  granted,  172. 

industrial  tracks,  167. 

lease  of,  178,  179. 

Mayor  may  sue  to  annul,   60. 

mortgage  of,  179. 

not  used,  forfeited,  181. 

objections  to  granting,  172. 

officers  and  employes  not  to  be  interested  in,  91. 

on  Broadway  Bridge,  236. 

ordinance,  effective  when,  173. 
method  of  enacting,  172. 
subject  to  referendum,  173. 

over  bridges,  184. 

property  of  grantee,  city  may  take  over,  177,  subd.  a. 

publication  of,  172. 

rates,  charges,  etc.,  174. 

record  of,  public,  180. 

record  of,  what  to  show,  180. 

regulation  of  rates,  174. 

relation  to  common  transportation  terminal,  183. 

reports,  failure  to  make  penalty,  157. 

reports,  form  of,  157. 

rights  on  Hawthorne  Avenue  Bridge,  235. 

subject  to  charter,  177. 

subject  to  charter  provisions,  159. 

subject  to  initiative  and  referendum,  159. 

submitted  to  City  Engineer,  183. 

submitted  to  the  Dock  Commission,  183. 

taxation  of,  166. 

taxing  power  of  city,  177,  subd.  d. 

time  limit,  170. 

transfer  of,  178,  179. 

transfer  of,  consent  of  city,  179. 

what  to  contain,  174. 
FREE  EMPLOYMENT  BUREAU,  Council  may  establish,  34,  subd.  73 Vg. 
FUNDS,  assessment,  expenditure  of,  193. 

reversion  to  general  fund,  192. 

transfer  of,  191,  192. 

GAMBLING,  Council  may  prevent,  34,  subd.  49. 
GARBAGE  COLLECTION  BONDS,  See  Bonds. 
GARBAGE.     See  also  crematory,  rate,  165. 
GARBAGE  COLLECTION.     See  Muncipal  Garbage  Collection. 
Council  to  provide  rate,  238. 


138  PORTLAND     CITY     CHARTER 

GARBAGE  CREMATORY.     See  Crematory. 

GAS  MAINS,  Council  may  compel  service  mains,  34,  subd.  11. 

GENERAL  FUND,  reversion  of  funds  to,  192. 

tax  levy,  190. 

transfer  of,  191,  192. 
GIFTS,  city  may  accept,  2. 

Council  may  accept,  34,  subd.  5. 
GOVERNMENTAL  POWER,  acquire  and  operate  public  utilities,  151. 

public  utilities,  152. 
GRADE  CROSSINGS.    See  Railroad  Grade  Crossings. 

tax  levy  for  elimination,  190. 
GRADES.     See  Street  Grades. 

fees  for  establishing,  34,  subd.  18. 

right  to  establish  and  change,  275. 


HARBOR,  controlled  by  Dock  Commission,  163,  subd.  e. 
HARBOR  LINE,  Council  to  establish,  34,  subd.  76. 
HARBORMASTER,  Council  to  provide  for,  34,  subd.  74. 
HAWTHORNE  AVENUE  BRIDGE,  bonds.     See  Bonds. 

condemnation  of  property  for,  234. 

construction  of,  233. 

county  to  maintain,  235. 

franchise  rights  on,  235. 

fund,  232. 
HEALTH,  Council  to  provide  for,  34,  subd.  25. 

HEALTH  DEPARTMENT,  members  not  subject  to  Civil  Service,  97. 
HIGHWAYS.    See  Streets. 

HITCHING  POSTS,  Council  to  regulate,  34,  subd.  62. 
HOSPITALS,  for  contagious  diseases,  city  to  furnish,  34,  subd.  25. 
HOTELS,  Council  may  regulate,  34,  subd.  30. 


IMPRISONMENT,  Council  to  provide  for,  35. 

limit  of,  34,  subd.  3. 
IMPROVEMENT  CODE,  284. 
IMPROVEMENTS,  public,  annexed  territory  liable  for,  15. 

city  may  assess  cost,  152. 

city  may  construct,  152. 

contract  to  lowest  responsible  bidder,  150. 

Council  may  construct,  150. 
INCINERATING   PLANT,   bonds  for,   165. 
INDEBTED  TO  CITY.     See  Demands. 
INDEBTEDNESS,  bonds  not  included,  160. 

limit  of,  160. 

street  extension  bonds  not  included,  263. 
INDUSTRIAL  HOME,  Council  may  provide,  35. 
INDUSTRIAL  TRACKS,  Council  may  authorize,  166. 
INITIATIVE,  exercise  of,  19. 

franchise  subject  to,  159. 

power  of  Council  subject  to,  20. 
INITIATIVE  MEASURE,  time  of  taking  effect,  49. 
INJURY,  defective  sidewalks,  etc.,  remedy,  281. 


INDEX  139 


INSPECTION,  books  and  records,  92. 
INTOXICATION,  Council  may  punish,  34,  subd.  52. 
INTOXICATING  LIQUORS.    See  Liquors. 
INVENTORY,  Auditor  to  make,  ee. 

of  supplies,  58. 
INVESTIGATIONS,  Civil  Service,  108,  114. 

Council  may  make,  32. 

expense,  how  paid,  61. 

of  public  utilities,  156. 

suspension  of  officer  pending,  62. 


JAIL,  construction  of,  251. 

Council  may  establish,  34,  subd.  59. 
JAIL  BONDS,  249,  250. 
JOURNAL,  of  Council,  public  record,  42. 

proceedings  of  Council,  42. 
JUDGES  AND  CLERKS.    See  Elections. 


LABORERS,  action  on  contractor's  bond,  149. 

Council  may  employ  on  public  improvement,  150. 
employment  of,  preference  given  citizens  and  residents,  122. 
minimum  wage,  122. 

LAND,  Council  may  appropriate  for  sewer  or  water  mains.  34,  subd.  11. 

owned  by  city,  control  of,  2. 

right  of  city  to  sell  or  lease,  2. 
LANES.    See  Streets. 

LAUNDRIES,  exclusion  from  city,  34,  subd.  27. 
LEASE,  of  city  property,  34,  subd.  10. 

of  city  property,  how  authorized,  34,  subd.  10. 

of  city  property,  limit  of,  34,  subd.  10. 
LEGAL  PROCEEDINGS,  existing,  continued,  5. 

how  and  when  instituted,  5. 
LEGAL  VOTERS.    See  Voters. 
LEVEES,  city  has  control  of,  2. 

right  of  city  to  sell  or  lease,  2. 
LIABILITY,  Council  to  provide  money  to  pay,  34,  subd.  20. 

effect  of  annexation  upon,  13.  , 

in  excess  of  revenue  void,  193. 

on  contracts,  148. 

on  contracts  validated,  6. 
LIBRARIAN,  not  subject  to  Civil  Service,  97. 
LICENSE,  limit  of,  34,  subd.  21. 

LICENSE  FEES,  vehicles,  disposition  of,  34,  subd.  21. 
LICENSES,  Auditor  to  issue,  76. 

Council  to  grant,  34,  subd.  21. 
LIGHTING.     See  also  Street  Lighting. 

public  buildings,  34,  subd.  13. 

municipal  plant.  Council  may  provide,  34,  subd.  13. 
LIQUOR,  city  employees  using  to  excess,  106. 

Council  may  regulate  sale  of,  34,  subd.  48. 

sale  of  near  schools,  34,  subd.  48. 

sale  of  near  schools  prohibited,  33. 


140  PORTLAND     CITY     CHARTER 


LOCAL  IMPROVEMENT  CODE,  procedure  under,  284. 

repeal  and  amendment  of,  284. 
LODGING  HOUSES,  Council  may  regulate,  34,  subd.  30. 
LOTTERIES,  Council  may  prevent,  34,  subd.  49. 
LOWEST  RESPONSIBLE  BIDDER,  Contract  to  be  let  to,  150. 

MALFEASANCE,  forfeiture  on  official  bond,  23. 

of  officers,  193. 
MATERIAL  MEN,  action  on  contractor's  bond,  149. 
MAYOR.    See  also  Officers. 

action  on  bond,  23. 

administer  oaths,  61. 

annual  budget,  59,  188. 

annual  message,  time  of  filing,  188. 

appoint  Civil  Service  Commissioners,  98. 

appoint  Dock  Commission,  162. 

approve  bonds,  149, 

assign  Commissioners  to  departments,  55. 

bond,  23. 

Civil  Service  Board,  may  require  reports,  111. 

contracts,  violations  to  be  reported  to,  63. 

distribute  work  among  departments,  54. 

Dock  Commission  books,  may  audit,  163,  subd.  m, 

drawing  of  warrants,  75. 

duties,  annual  message,  59.  60. 

entire  time  to  city  business,  26. 

failure  to  file  'bond,  29. 

failure  to  take  oath,  29. 

filling  of  vacancy  in  office,  30. 

forfeiture  on  bond,  23. 

how  elected,  21. 

interest  in  city  contract  renders  same  void,  25. 

interest  in  city  contracts  prohibited,  24. 

interest  in  public  service  corporations  prohibited,  24. 

investigate  city  property,  61. 
franchises,  "60. 
offices  and  accounts,  61. 

investigation,  suspend  officers  pending,  62. 
report  to  Council,  61. 

message,  annual,  59. 

not  to  hold  other  office,  26. 

oath,  27. 

office  deemed  vacant  when,  22,  24. 

pay  to  cease  when,  29. 

prepare  inventory  public  properties,  183. 

president  of  Council  to  act  as,  37. 

presiding  officer  of  Council,  37. 

prohibited  from  serving  political  party,  26. 

qualifications,  22. 

report  to  Council  investigations,  61. 

salary,  28. 

secret  service  fund,  34,  subd.  23. 

secretary,  not  subject  to  Civil  Service,  97. 

sign  bonds,  163„  subd.  1. 

subject  to  powers  reserved  to  people,  20. 

sue  to  annul  franchise,  60. 

term  of,  21,  123. 


INDEX  141 


MAYOR,  continued. 

time  of  assuming  office,  123. 

to  sign  ordinances,  51. 

vacancy  in  office,  29. 

when  elected,  term,  123. 
MARKETS,  Council  to  regulate,  34,  subd.  72. 

MECHANICS,  employment  of,  citizens  and  residents  given  preference, 
122. 

securing  wages  under  city  bond,  34,  subd.  14. 
MEETINGS,  of  Council,  public,  42. 

of  Council,  when  held,  42. 
MINIMUM  WAGE,  laborers,  122. 
MINORS,  sale  of  tobacco  to,  34,  subd.  49. 
MISDEMEANOR,  116,  115. 

violation  of  Civil  Service  provisions,  120,  121, 
MONEY.     See  also  City  Funds. 

Council  provide  for  paying  debts,  34,  subd.  20. 

expenditure  of,  19S. 

for  public  utilities,  152. 

public,  collection  of,  185. 

transfer  from  one  fund  to  another,  191. 
MULTNOMAH  COUNTY,  Clerk,  levy  city  taxes,  188. 
canvass  election  returns,  138. 

maintain  bridges  and  ferries,  184,  235,  236. 

registration,  reimbursement  for  cost,  133. 

tax  levy,  no  compensation  for,  188. 
MUNICIPAL  JAIL,  construction,  251. 

bonds,  249,  250. 
MUNICIPAL  COURT,  seal  of,  34,  subd.  16. 
MUNICIPAL  GARBAGE  COLLECTION,  bonds,  252. 

rates,  254. 

revenue,  254. 
MUNICIPAL  JUDGE,  appointive,  80. 

qualifications,  81. 
MUNICIPAL  LIGHTING  PLANT.     See  Lighting. 
MUNICIPAL  WORK.     See  Public  Improvement. 

NAVIGABLE  WATERS,  street  near  not  to  be  vacated,  7. 
NOMINATION  OF  OFFICERS,  124. 
acceptance,  124,  subd.  e. 
certificates,  form  of,  124,  subd.  b. 
Auditor  to  furnish  certificates,  124,  subd.  g. 
irregularity  of  petition,  124,  subd.  f. 
pttitions,  preservation  of,  124,  subd.  h. 
amendment  of,  124,  subd.  d. 
certificates,  124,  subd.  a. 
filing,  124,  subd.  c. 
NOMINATIONS,  certain  ones  void,  289. 
NOTICE,  application  for  franchise,  172. 
elections,  135. 

posting  of,  125. 
publication  of,  125. 
NUISANCES,  Council  to  prevent,  34,  subd.  26. 
NUMBERING  OF  HOUSES,  Council  to  regulate,  34,  subd.  69. 


142  PORTLAND     CITY    CHARTER 


OATH,  Auditor  power  to  administer,  68. 

failure  of  Mayor  and  Commissioners  to  take,  29. 
Mayor  may  administer,  61. 
of  Mayor  and  Commissioners,  27. 
Council  may  administer,  32. 

Secretary  of  Civil  Service  Board  may  administer,  114. 
OBSCENE  LITERATURE,  Council  may  prevent  sale  of,  34,  subd.  50. 
OBSCENE  PICTURES,  Council  may  prevent  sale  of,  34,  subd.  50. 
OFFICE  HOURS,  Council  to  fix,  34,  subd.  19. 
OFFICES,  Council  may  create  or  abolish,  82. 
OFFICERS,  absence,  salary  withheld,  72. 

aid  Civil  Service  investigations,  114. 
appointment,  how  made,  93. 
appointive,  80. 

removal  of,  81. 

vacancy,  81. 

qualifications,  81. 
bond,  additional  may  be  required,  86. 

conditions  of,  87. 

liability  on,  89. 

sureties,  city  officers  not  accepted  as,  87. 
individuals  allowed  as,  88. 
justification,  87. 
requirements  of,  88. 
bribery,  when  guilty  of,  117. 
city  contracts,  interest  in  prohibited,  91. 

not  to  aid  in  securing,  95. 
city  property,  purchase  or  lease  prohibited,  91. 
Council  to  prescribe  duties,  57. 
Council  may  investigate,  32. 
Council  may  provide  seal,  34,  subd.  16. 
Department  of  Public  Docks,  163,  subd.  j. 
disposition  of  city  money,  94. 
election,  duties,  127. 

notice  of,  135. 
elective,  action  on  bond,  23. 

Civil  Service,  not  subject  to,  97. 

malfeasance  or  delinquency,  23. 

nominations,  124. 
present  incumbents,  123. 

qualifications,  22. 

term  of,  how  elected,  21. 

time  of  assuming  office,  123. 

when  elected,  123. 
false  reports  on  certificates,  95. 
fees  of,  Council  to  regulate,  34,  subd.  17. 
franchise,  interest  in  prohibited,  91. 
hold  but  one  office,  85. 
indebted  to  city,  salary  withheld,  72. 
liable  for  subordinates,  89. 
malfeasance,  193. 
Mayor  may  investigate,  61. 
negligent,  salary  withheld,  72. 
nomination,  acceptance,  124,  subd.  e. 

certificate,  form  of,  124,  subd.  b. 

petition,  amendment  of,  124,  subd.  d. 

Auditor  to  supply  forms  for,  124,  subd.  g. 


INDEX  143 


OFFICERS,  continued. 

filing  of,  124,  subd.  c. 
irregularities  in,  124,  subd.  f, 
preservation  of,  124,  subd.  h. 
official  books,  etc.,  delivery  to  successor,  84. 
political  influence  prohibited,  119. 
political  service  disregarded,  119. 
present  incumbent  hold  over,  143. 
public  defined,  117. 

public  service  corporations,  interest  in  prohibited,  91. 
qualifications,  85. 
report  violations  of  contracts,  63. 
salary,  full  compensation,  94. 
serve  one  or  more  departments,  57.     • 
subordinates,  bonds  required  of,  90. 
suspension  pending  investigations,  62. 
time  of  assuming  office,  123. 
time  required  of,  96. 
when  elected,  123. 
women,  need  not  be  voters,  85. 
wrongful  payment  of  salary,  action  against,  113. 
OFFICIAL  ADVERTISING.    See  Advertising. 
OFFICIAL  BONDS.     See  Bonds. 

OFFICIAL  BOOKS,  PAPERS,  ETC.,  city  property,  84. 
keeping  of,  84. 
open  to  inspection,  84. 
OPIUM  SMOKING,  Council  may  prevent,  34,  subd.  49. 
ORDINANCES,  amendment  of,  50. 

appropriation,  manner  of  drawing,  45. 
time  of  taking  effect,  48. 
attestation  of,  51. 
•    charter  provisions  retained  as,  283,  284. 
codification  of,  287. 

Dock  Commission,  charges,  163,  subd.  h. 
creating  offices,  etc.,  163,  subd.  j. 
record  of,  163,  subd.  g. 
subject  to  referendum,  163,  subd.  g. 
emergency,  manner  of  passage,  47. 

time  of  taking  effect,  48. 
existing  continued,  53. 
enacting  clause,  46. 
franchise,  effective  when,  173. 
method  of  enacting,  172. 
what  to  contain,  172. 
initiative,  time  of  taking  effect,  49. 
limited  to  one  subject,  45. 
manner  of  drawing,  45. 
manner  of  enacting,  44. 
manner  of  passage,  47. 
objections  to,  52. 

punishment  for  violation,  34,  subd.  3,  35. 
referendum,  time  of  taking  effect,  49. 
record  of,  51. 
repeal  of,  50. 
time  of  taking  efftct,  48. 
OREGON  HISTORICAL  SOCIETY,  space  in  Public  Auditorium,  242. 
OWNERSHIP  BOOKS.  Auditor  to  keep,  79. 


144  PORTLAND     CITY    CHARTER 

PARKS,  act  of  1899  not  applicable  to  Portland,  280. 
bonds.     See  Bonds, 
city  has  control  of.  2. 

under  jurisdiction  of  Council,  34,  subd.  60,  61. 
improvement  of,  Council  provide  for,  34,  subd.  12. 
rights  of  city  inalienable,  7. 
right  of  city  to  lease  or  sell,  2. 
PAROLE,  of  city  prisoners,  35. 

PENDING  PROCEEDINGS,   streets,  not  affected  by  charter   amend- 
ments, 277. 
PENSIONS.    See  Firemen's  Relief  and  Pension  P\ind. 
PERJURY,  false  swearing.  32,  61,  114. 
PERMITS,  Auditor  to  report  on,  66. 
PLUMBING,  Council  may  regulate,  34,  subd.  28. 

Council  to  provide  for  inspection,  34,  subd.  18. 
PLUMBING  INSPECTOR,  Council  may  create  office,  34,  subd.  28. 
POLICE  BUREAU,  Cnief  not  subject  to  Civil  Service,  97. 

record  not  subject  to  inspection,  92. 
POLICE  POWER,  34,  subd.  1. 

POLICE  REGULATIONS,  Council  power  to  make,  34,  subd.  2. 
POLICE  STATION,  Council  may  establish,  34,  subd.  59. 
POLICE  AND  FIRE  DEPARTMENT  RELIEF  FUND,  division  of,  220. 
POLITICAL  CONTRIBUTION,  Civil  Service  employes,  116,  119. 
PORT  OF  PORTLAND,  not  affected  by  Dock  Act,  163,  subd.  e. 
POWER,  corporate,  continuation  of,  2. 

Council  to  exercise,  18. 

grant  of,  2,  3. 

governmental,  vested  in  city,  3. 

of  city  to  annex  territory,  10. 

of  Council  subject  to  initiative  and  referendum,  20. 

to  acquire  property  outside  of  city,  3. 

to  alter  seal,  2. 

to  sell,  etc.,  city  property,  2. 

to  sue  and  be  sued,  2. 

executive  and  administrative,  distribution  of,  54. 

enumeration  not  a  limitation,  36. 

specific  powers  of  1903  charter  vested  in  Council,  34. 

vested  in  Council,  20. 
PREFERENTIAL  SYSTEM  OF  VOTING.     See  Elections. 
PRESIDENT  OF  COUNCIL,  election  of,  37. 

presiding  officer  of  Council,  37. 

when  may  act  as  Mayor,  37. 

when  to  sign  ordinances,  51. 
PRIVIES,  must  connect  with  sewer,  34,  subd.  29. 
PREVIOUS  BOND  ISSUES.    See  Bonds. 
PRISONERS,  Council  provide  for  working,  35. 

may  be  paroled  by  Council,  35. 

may  be  released  by  Council,  35. 

working  of,  34,  subd.  3. 

PRISONS,  Council  may  establish,  34,  subd.  59.  

PROCEEDINGS,  public  improvement,  deemed  regular,  277. 


INDEX  145 


PROPERTY,  acquired  by  Dock  Commission,  163,  subd.  c. 

city  may  accept  as  gift,  34,  subd.  5. 

city,  control  of,  2,  56. 

Council  may  lease,  limit  of,  34,  subd.  10. 

legal  proceedings  to  recover,  5. 

Mayor  may  investigate,  61. 

officers  or  employes  not  to  purchase  or  lease,  91. 

penalty  for  destruction  of,  34,  subd.  47. 

rental  of,  8. 

unfit  for  use,  sale  of,  34,  subd.  9. 

condemnation  by  Dock  Commission,  163,  subd.  c. 

Council  may  condemn  or  purchase,  34,  subd.  6. 

franchise  deemed  as,  166. 

levied  on  under  execution.  Council  may  purchase,  34,  subd.  7. 

outside  city  limits,  city  may  acquire,  3. 

purchased  under  execution,  limit  of  price,  34,  subd.  7. 

purchased  for  delinquent  taxes,  34,  subd.  8, 

right  of  city  inalienable,  7. 

right  of  city  to  hold,  4. 

right  of  city  to  sell  or  lease,  2. 

right  to  condemn,  2. 

sold  for  taxes.  Council  may  purchase,  34,  subd.  8. 

trespassing.  Council  may  prevent,  34,  subd.  51. 
PROPERTY  OWNERS,  record  of,  Auditor  to  keep,  79. 
PROPERTY  RIGHTS,  effect  of  annexation  upon,  13. 

legal  proceedings  to  enforce,  5. 
PUBLIC  AUDITORIUM,  annual  report,  224. 

bonds.     See  Bonds. 

Commission,  239,  248. 

contracts,  how  let,  241. 

employes  not  subject  to  Civil  Service,  243. 

fund,  deficit,  247. 

disbursements,  246. 
expenditure  of,  248. 

provision  for  Oregon  Historical  Society,  242. 

revenue,  246. 

rules  and  regulations,  240. 
PUBLIC  CRIERS,  Council  may  regulate,  34,  subd.  38. 
PUBLIC  DOCKS.     See  Docks. 

may  occupy  streets,  8. 
PUBLIC  EMPLOYES.     See  Employes. 
PUBLIC  HALLS,  Council  may  regulate,  34,  subd.  31. 
PUBLIC  IMPROVEMENT,  city  may  assess  cost,  152. 

city  may  construct,  152. 

contract  to  lowest  responsible  bidder,  150. 

Council  may  carry  on  direct,  150, 
PUBLIC  MONEY.    See  Money. 
PUBLIC  OFFICERS.     See   Officers. 
PUBLIC  SCHOOLS.    See  Schools. 
PUBLIC  SERVICE  CORPORATIONS.     See  also  Public  Utilities. 

Council  may  regulate,  154. 

failure  to  comply  with  charter,  158. 

file  record  of  property,  156. 

Mayor  and  Commissioners  not  to  be  interested  in,  24. 

officers  or  employes  not  to  be  interested  in,  91. 


146  PORTLAND     CITY     CHARTER 

PUBLIC   SERVICE  CORPORATION,   continued. 

quarterly  reports,  157. 

reports,  part  of  Auditor's  annual  report,  157. 
PUBLIC  UTILITIES,   acquisition,   limitation   of  indebtedness,   160. 

appeal  from  rules  of  Council,  158. 

Auditor  to  report  revenue,  160. 

bonds  to  provide  for,  152. 

charges  to  be  reasonable,  156. 

Council  may  investigate,  156,  157. 

city  may  purchase,  177,  subd.  a. 

Council  may  regulate,  156,  157. 
.  Council  power  to  construct,  acquire,  etc.,  151. 

defined,  153. 

extensions.  Council  may  order,  156. 

failure  to  comply  with  charter,  158. 

money  for,  152. 

owners  to  file  record  of  property,  156. 

products  of,  city  may  use  or  sell,  152. 

rates,  Council  to  determine,  156. 

records,  form  of,  157. 

reports,  penalty  for  failure  to  make,  157. 

rules  to  govern,  Council  to  make,  158. 

supervision  of  Council,  154. 
PUBLIC  UTILITY    CERTIFICATES,    Council   may   issue,   155. 

not  a  general  obligation,  155. 

ordinance  authorizing,  subject  to  referendum,  155. 
PUBLIC  UTILITY  CORPORATIONS,  Council  may  regulate,  154. 
PUBLIC  WORK,  prisoners  may  be  employed,  34,  subd.  3. 
PUNISHMENT,  violation  of  ordinances,  35. 
PURCHASE,  supplies  and  material  by  Dock  Commission,  163,  subd.  f. 

competitive  bidding,  150. 

over  $250.00,  advertise  for  bids,  150. 
PURCHASING  AGENT,  appointive,  80. 

not  subject  to  Civil  Service,  58. 

QUARTERLY  REPORTS,  public  utilities  to  make,  157. 
QUORUM,  of  Council,  43. 

RAILROAD  COMPANIES,  duty  to  pave  streets,  274. 
RAILROADS,  commercial,  streets,  agreement  for  use  of,  168. 
franchise,  what  to  contain,  174. 
rates,  regulation  of,  174. 
tracks,  common  user,  169. 
in  streets,  167. 
RAILROAD  GRADE  CROSSINGS,  assessments  for  elimination  may  be 
bonded,  273. 

contract  for  elimination,  272. 
Council  power  to  eliminate,  265,  266. 
elimination  of,  collection  of  assessments,  272. 
cost  of,  a  lien,  272. 
fund  for  payment  of  damages,  271. 
plans,  damages  and  benefits,  267,  269,  270. 
objections,  268. 

publication,  remonstrance,  272. 
tax  levy  for,  190. 


INDEX  147 


RAILROAD  TERMINALS,  streets  abutting  on,  rights  in,  8. 

streets  abutting  not  to  be  vacated,  7. 
RAILWAYS,  Council  may  regulate  cars,  34,  subd.  46. 

Council  may  require  fenders,  34,  subd.  46. 

tracks,  Council  may  regulate,  34,  subd.  46. 
RATES,  Dock  Commission  may  fix,  163,  subd.  h. 

franchise,  regulation  of,  174. 

public  utilities,  156. 
RATES  FOR  TRANSPORTATION,   Council   to  regulate,  34,   subd.   71. 
REASSESSMENT.     See  Improvement  Code,  284. 
RECALL,  may  be  invoked  in  city,  19. 
RECEIPTS,  statement  of,  66. 
RECEIPTS  BY  CITY,  publication  of,  58. 
RECORDS,  Auditor  to  keep,  66,  69. 

certified  copies,  fee  for,  92. 

Civil  Service  Board  may  examine,  114. 

efficiency,  weight  on  examination  for  promotion,  107. 

open  for  inspection,  92. 

Police  Bureau,  not  open  to  inspection,  92. 
REFERENDUM,  Dock  Commission  ordinances  subject  to,  163,  subd.  g. 

exercise  of,  19. 

franchises,  subject  to,  159,  173. 

power  of  Council,  subject  to,  20. 

transfer  of  franchise,  subject  to,  178. 
REFERENDUM  MEASURES,  time  of  taking  effect,  49. 
REFUNDING  BONDS.     See  Bonds. 
REGISTRATION.     See  Elections. 
REGULATIONS,  Dock  Commission,  163,  subd.  g. 
REUGION,  recommendations  relating  to,  118. 
REPEAL  OF  1898  CHARTER,  285. 
REPORTS,  annual.  Auditor.  66. 

Civil   Service  Board,  111. 
Dock  Commission,  163. 
Mayor,  59. 

false,  penalty,  95. 

public  utilities,  157. 
RESIDENTS,  given  preference  in  employment,  122. 
REVENUE,  control  of,  185. 

liabilities  in  excess  of,  void,  193. 

municipal  garbage  collection,  254. 

Public  Auditorium,   246. 

public  utilities,  report  of,  160. 
REVISION  OF  CHARTER,  287. 
RIGHTS  OF  ACTION,  continuation  of,  4. 
RIGHTS  OF  PROPERTY,  continuation  of,  4. 
RIOT,  Council  may  prevent,  34,  subd.  53. 
RULES,  Council  may  enact,  41. 

governing  public  utilities,  appeal  from,  158. 
RULES  AND  REGULATIONS,  Dock  Commission,  163,  subd.  g. 
RUNAWAYS,  Council  to  protect  public  from,  34,  subd.  45. 


148  PORTLAND     CITY     CHARTER 

SALARIES,  Auditor,  65. 

full  compensation,  94. 

Mayor  and  Commissioners,  how  paid,  28. 
SALOONS,  near  schools  prohibited,  33. 
SAMPLE  BALLOTS.     See  Elections. 

SANITARY  REGULATIONS,  Council  power  to  make,  34,  subd.  2. 
SCHOOLS,  sale  of  liquor  near,  33,  34,  subd.  48. 

SEAL,  2. 

Auditor  custodian  of,  66. 

Council  to  provide,  34,  subd.  16. 
SEAL  OF  MUNICIPAL  COURT.     See  Municipal  Court. 
SECRET  SERVICE  FUND,  of  Mayor,  34,  subd.  23. 
SEWER.    See  Improvement  Code,  284. 

all  privies  and  cesspools  to  be  connected  with,  34,  subd.  29. 

Council  may  compel  service  connections,  34,  subd.  11. 

Council  may  construct,  34,  subd.  11. 

defective,  city  not  liable,  281. 

proceedings  deemed  regular,  277. 
SIDEWALKS,  advertising  on.  Council  may  regulate,  34,  subd.  40. 

Council  may  lay,  34,  subd.   18. 

Council  may  regulate,  34,  subd.  34. 

Council  to  maintain  and  keep  open,  34,  subd.  61. 

Council  to  regulate  use  of,  34,  subd.  65. 

defective,  city  not  liable,  281. 

repair.     See  Improvement  Code,  284. 
SIGNBOARDS,  Council  may  regulate,  34,  subd.  40. 
SIGNS,  power  of  Council  to  regulate,  34,  subd.  62. 
SINKING  FUND,  investment  of,  192. 

purchase  of  bonds,  192. 

redemption   of  bonds,   tax   levy,    190. 

SLAUGHTER  HOUSES,  exclusion  from  city,   34,  subd.  27. 
SPECIAL  ASSESSMENTS.     See  Improvement  Code,  284. 
SPECIAL  BRIDGE  FUND,  tax  levy,  190. 

SPECIFICATIONS,  Council  may  adopt  one  or  more  sets,  150. 
STATE  BONDING  ACT,  applicable  to  city,  278. 
STEAM  BOILERS,  city  may  inspect,  34,  subd.  28. 
STEAM  WHISTLES,  Council  may  regulate,  34,  subd.  39. 
STOCKYARDS,  Council  may  exclude  from  city,  34,  subd.  27. 
STORES  AND  SUPPLIES,  inventory,  58. 
STREETS,  abutting  railroad  terminals,  rights  in,  8. 

abutting  waterways,  rights  in,  8. 

advertising  in.  Council  may  regulate,  34,  subd.  40. 

animals  driven  through,  34,  subd.  42. 

assessmeoit,  bonded,  reapportionment,  279. 

banners  over.  Council  may  regulate,  34,  subd.  41. 

Council  may  convert  into  boulevards,  34,  subd.  67. 

control  of,  34,  subd.  60,  61. 

county  roads  taken  as,  276. 

defective,  city  not  liable,  281. 

definition  of,  255. 

Dock  Commission,  authority  over,  163,  subd.  e,  i. 

extension  of.     See  Improvement  Code,  284. 
application  to  bond  assessments,  257. 


INDEX  149 


STREETS,  continued. 

bonding  of  assessments,  256,  264. 
bonds,  issuance  of,  259. 
redemption  of,  264. 
failure  of  franchise  holder  to  improve,  177,  subd.  f. 
franchise,  exclusive,  where  prohibited,  171. 

time  limit,  170. 
grades,  change  of.     See  Improvement  Code,  284. 
right  to  establish  and  change,  34,  subd.  12. 
improvement.     See  Improvement  Code,  284. 
Council  may  provide  for,  34,  subd.  12. 
franchise  holders,  177,  subd.  f. 
pending   proceedings    not    affected    by    charter    amend* 

ments,  277. 
proceedings  deemed  regular,  277. 
railway  not  relieved  from,  274. 
industrial  tracks  in,  167. 
naming  of,  34,  subd.  69. 
obstructions  in,  34,  subd.  61. 
occupied  by  dock  structures,  8. 
opening,  extension,  etc.,  34,  subd.  12. 
opening,  permits  for,  34,  subd.  18. 
power  of  Council  over,  284. 
railroads  in,  168. 
right  in,  inalienable,  7. 
roaming  in  at  night,  34,  subd.  55. 

runaways.  Council  to  protect  public  from,  34,  subd.  45. 
transportation,  8. 

underground  conduits  in,  34,  subd.  70. 
vacation  of.     See  Improvement  Code,  284. 
by  Docks  Commission,  163,  subd.  i. 
replatting  affording  equal  area  permitted,  7. 
vote  required,  7. 
where  permitted,  7. 
where  city  owns  property,  7. 
what  constitutes,  8. 
STREET  CARS,  charge  over  bridges,  24. 

regulation  over  bridges,  184. 
STREET  LIGHTING,  Council  provide  for,  34,  subd.  13. 
STREET  RAILWAY,  franchise,  what  to  contain,  174. 

rates,  regulation,  174. 
STREET  RAILWAY  COMPANIES,  duty  to  pave  streets,  274. 
STREET  REPAIR,  Council  may  provide  for,  34,  subd.  12. 
SUBCONTRACTORS,  action  on  contractor's   bonds,   149. 
SUBORDINATE  OFFICERS,  Commissioners  to  appoint  or  remove,  82. 

subject  to  Civil  Service,  82. 
SUBPOENA,  power  of  Council  to  issue,  32. 

power  of  Mayor  to  issue,  61. 
SUCCESSIVE,  term  defined,  147. 
SUITS,  existing  continued,  5. 

may  be  brought,  how  and  when,  5. 
SUPPLIES,  contract  to  lowest  responsible  bidder,  150. 

purchase  of  over  $100.00  by  Dock  Commission,  163,  subd.  f. 
SURETIES,  contractors'  bonds,  149. 
on  official  bonds,  23. 


150  PORTLAND     CITY     CHARTER 


SURVEYING,  Council  to  provide  for,  34,  subd.  68. 
fees,  34,  subd.  18. 

TANNERIES,  exclusion  from  city,  34,  subd.  27. 
TAX,  annual  levy,  188. 

on  franchise,  177,  subd.  d. 
TAX  COLLECTOR,  no  compensation,  188. 
TAX  LEVY,  bonded  indebtedness  interest  fund,  190. 

bond  sinking  fund,  190. 

Dock  Commission,  163,  subd.  k. 

elimination  of  grade  crossings,  190. 

fills,  190. 

Firemen's  Relief  and  Pension  Fund,  202. 

general  fund,  190. 

limit  of,  190. 

special  bridge  fund,  190. 

when  made,  190, 
TAXATION,  bonds  exempt  from,  229. 

estimate  for,  188. 

franchises,  166. 
TAXES,  annulment  of  back  taxes,  194. 

Collection  of,  188. 

property  sold  for.  Council  may  purchase,  34,  subd.  8. 
TENEMENT  HOUSES,  Council  may  regulate,  34,  subd.  30. 
THEATERS,  Council  may  regulate,  34,  subd.  31. 
TIME  REPORTS,  each  department  to  k^ep,  58. 
TIRES,  width  of.  Council  to  regulate,  34,  subd.  64. 
TOBACCO,  power  of  Council  to  regulate  sale  of,  34,  subd.  49. 
TRAFFIC,  Council  may  regulate,  34,  subd.  60,  61,  63. 
TRANSFER  OF  FRANCHISE,  178,  179. 
TRANSPORTATION,  Council  to  fix  rates,  34,  subd.  71. 
TRANSPORTATION  TERMINAL.     See  Common  Transportation  Ter- 
minal, 183. 

TREASURER,  appointive,   80. 

bond,  88. 

surety,  individuals  not  allowed,  88. 

custodian  Firemen's  Pension  Fund,  201. 

deposit  of  sinking  funds,  192. 
TREES,  Council  to  regulate,  34,  subd.  66. 
TRESPASSING,  Council  may  prevent,  34,  subd.  51. 
TRUSTS,  Council  to  execute,  when,  34,  subd.  5. 

UNDERGROUND  CONDUITS,  Council  to  regulate,  34,  subd.  70. 
UNDERTAKINGS.     See  Bonds. 
UNUSED  FRANCHISES,  forfeited,  181. 


VACANCY  IN  OFFICE,  Dock  Commission,  162. 

manner  of  filling,  30. 

Mayor  and   Commissioners,  22,  24,  29,  30. 
VACATION  OF  STREETS.     See  Streets. 
VAGRANCY,  Council  may  prevent,  34,  subd.  54. 


INDEX  151 


VEHICLES,  width  of  tires,  Council  to  regulate,  34,  subd.  64. 
VOTE  OF  COUNCIL,  aye  and  nay,  when  taken,  39. 
VOTERS.     See  also  Elections, 
qualifications,  137. 

WAGES,  mechanics',  city  to  secure,  34,  subd.  14. 
WARRANTS,  drawing  of,  money  must  be  appropriated,  75. 

how  drawn,  75. 

issue  of,  appropriation  necessary,  193. 

on  Firemen's  Pension  Fund,  201. 

record  of,  74. 
WASH  HOUSES,  exclusion  from  city,  34,  subd.  27. 
WATER,  Council  may  compel  service  connections,  34,  subd.  11. 

Council  to  provide  for  supplies,  34,  subd.  11,  15. 
WATER  BOARD,  power  of  vested  in  Council,  16. 
WATER  BONDS.     See  Bonds. 
WATER  DEPARTMENT,  engineer,  not  subject  to  Civil  Service,  97. 

superintendent,  not  subject  to  Civil  Service,  97. 
WATER  FRONT,  streets  abutting  on,  rights  in,  8. 
WATER  MAINS,  extension  of,  34,  subd.  11. 
WATER  REGULATIONS,  Council  power  to  make,  34,  subd.  2. 
WEAPONS,  dangerous.  Council  may  prevent  carrying  of,  34,  subd.  56. 
WEIGHTS  AND  MEASURES,  Council  to  provide  standard,  34,  subd.  73. 
WHARF  PROPERTY,  right  of  city  inalienable,  7. 
WHARFAGE  CHARGES,  Dock  Commission  may  fix,  163,  subd.  h. 
WHARVES,  in  Willamette  River,  Council  to  control,  34,  subd.  76,  78. 

public,  right  of  city  inalienable,  7. 
WILLAMETTE  RIVER,  Council  given  jurisdiction,  34,  subd.  75,  78. 
WITNESSES,  Civil  Service  Board  may  subpoena,  114. 

Council  may  compel  attendance,  32,  156. 

Mayor  may  subpoena,  61. 

power  to  subpoena,  199. 
WOMEN  OFFICERS,  need  not  be  voters,  85. 


COMPARATIVE     SECTIONS 


153 


(Abbreviations:      repealed,    r;    ordinance,    Ord.) 


Sections  of  1903  Charter  and 
corresponding  sections  of  this 
compilation. 


Sections  of  Amending  Act  of 
May  3,  1913,  and  corresponding 
sections  of  this  compilation. 


1 

1 

2 

2 

3 

3 

4 

4 

5 

5 

6 

148 

7 

6 

8 

281 

9 

282 

10  r 

11  r 

12 

9 

13 

10 

14 

11 

15 

12 

16 

13 

17 

14 

18 

to 

22  r 

23 

128 

24 

133 

25 

134 

26 

135 

27 

137 

28 

to 

30  r 

31 

138 

32 

139 

33 

140 

34 

141 

35 

142 

36 

to 

39  r 

40 

143 

41 

to 

46  r 

47 

32 

48 

to 

51  r 

52 

53 

53 

to 

60  r 

61 

147 

62 

to 

72  r 

73 

34,  35 

74 

36 

1 

1,  16 

2 

3 

3 

148 

4 

12 

5 

15 

6 

20 

7 

21 

8 

21 

9 

22 

10 

23 

11 

24 

12 

24 

13 

25 

14 

26 

15 

27 

16 

28 

17 

29 

18 

30 

19 

41 

20 

42 

21 

43 

22 

44 

23 

45 

24 

46 

25 

47 

26 

48 

27 

49 

28 

50 

29 

51,  52 

30 

38 

31 

39 

32 

40 

33 

31 

34 

195 

35 

37 

36 

54,  57,  58 

37 

55,  56 

38 

144 

39 

145 

40 

146 

41 

123 

42 

124 

43 

125 

44 

126 

45 

127 

46 

129 

47 

130 

48 

131 

49 

132 

50 

136 

51 

137 

52 

138 

53 

141 

54 

143 

154 


PORTLAND     CITY     CHARTER 


(Abbreviations:      repealed,    r;    ordinance,    Ord.) 


Sections  of  1903  Charter  and 
corresponding^  sections  of  this 
compilation. 

75  Z55 

76 

to 

87  r 

88  160 
89 

to 

92  r 

93  7,  8 
94 

to 
99  r 

100  166 

101  r 

102  167 

103  168 
104 

to 

112  r 

113  189 

114  190 

115  191 

116  192 

117  193 

118  161,  162,  163,  229 

119  194 
120 

to 

121  r 

122  84 
123 

to 

127  r 

128  85 

129  r 

130  86 

131  87 

132  88 

133  89 

134  90 

135  91 

136  r 

137  92 

138  93 

139  94 

140  95 

141  r 

142  96 
143 

to 

146  r 

147  59 
148 

to 
150  r 


Sections    of  Amending    Act    of 

May  3,  1913,  and  corresponding 
sections  of  this  compilation. 

55  33 

56  18,  19 

57  255 

58  151 

59  152 

60  153 

61  154,  155 

62  156 

63  157 

64  158 

65  159 

66  7,  8 

67  166 

68  167 

69  168 

70  169 

71  170 

72  171 

73  172 

74  173 

75  174 

76  175 

77  176 

78  177 

79  178 

80  179 

81  180 

82  181 

83  182 

84  185 

85  186 

86  187 

87  189 

88  190 

89  191 

90  192 

91  193 

92  227 

93  17,  228 

94  96 

95  149 

96  150,  283 

97  64 

98  65 

99  66 

100  71 

101  72 

102  80 

103  81 

104  82 

105  83 

106  122 
108  279 
308  99 

317  108,  109,  110,  111 


COMPARATIVE     SECTIONS  155 

(Abbreviations:      repealed,    r;    ordinance,    Ord.) 


Sections  of  1903  Charter  and 
corresponding  sections  of  this 
compilation. 


151 

60 

152 

61 

153 

62 

154 

to 

157 

r 

158 

63 

159 

to 

161 

r 

162 

149 

163 

r 

164 

150 

165 

r 

166 

r 

167 

to 

268 

Ord. 

269 

64 

270 

65 

271 

67 

272 

68 

273 

66 

274 

69 

275 

70 

276 

71 

277 

72 

278 

73 

279 

74 

280 

75 

281 

76 

282 

77 

283 

78 

284 

79 

285 

188 

286 

987 

r 

to 

305 

Ord. 

306 

97 

307 

98 

308 

99 

309 

100 

310 

101 

311 

102 

312 

103 

313 

104 

314 

105 

315 

106 

316 

107 

317 

108,  109,  110,  111 

318 

112 

319 

113 

320 

114 

321 

115 

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